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Finding a way through the darkness

When I found out my husband had been cheating on me, I felt like the ground had opened up beneath my feet. Suddenly it felt like anything I had believed in was unsure. After some reflection I realised that I had been blind about how badly our marriage had been going, and I can't live in that lie anymore. The only way through the darkness is to leave the lies and cheating behind and start over in my life, committed to honesty in all my relationships. This blog is all about my journey through separation and divorce into my new honest life.

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Finding a way through the darkness

How to have your alimony support obligations modified or terminated

by Walter Porter

After divorce is granted, the judge may order one of the spouse to pay spousal support also known as alimony to the other. The judge's divorce ruling will feature an order that outline the terms of the spousal support payments in terms of the amount to be paid every month and when the sum is due. The main purpose of spousal support is to enable the lower income partner to meet realistic financial needs and maintain a standard of living that's similar to the standard that characterized their marriage life. However, situations may arise when the one paying the alimony payments may wish to have the alimony orders modified. This article looks at situations that may necessitate modification or even termination of alimony orders.

Significant changes in your finances

If you suffer involuntary loss of earnings due to job loss or retrenchment, your ability to pay spousal support may be affected. Additionally, if you're involved in an accident and suffer debilitating injuries that leave you physically or mentally challenged on a permanent basis and unable to return to work, then your earning capacity may be severely affected.  If you find yourself in any of the above circumstances, you can ask your divorce attorney to file a motion to revise the alimony orders.

Remarriage

One ground for dissolution of an alimony order is when the recipient spouse remarries. For example, suppose Jane and John divorced after 20 years of marital union. They had two sons. As part of the divorce ruling, Jane was granted alimony for two years. After five months following the divorce, Jane got married to another man. Therefore, in spite of the fixed duration for Jane's alimony payments, the family court can terminate John's obligation following Jane's remarriage.

Improved finances or livelihood of the recipient spouse

If the recipient spouse no longer requires alimony payments because of an increase in monies via some economic windfall or improved work situation, then the awarded alimony may be terminated. For example, suppose after Ruth and Eric got divorced two years ago, Ruth became a stay-at-home mother for their two kids. Therefore, the court granted Ruth permanent alimony for five years. Then, one day Ruth luckily wins a $5 million lottery. As such, Eric can petition the court to terminate his alimony obligations because of Ruth's change in financial circumstances. 

In conclusion, if you're caught up in a situation that makes it inevitable for you to modify the sum of your alimony payment obligations, you should talk to an experienced family lawyer right away.

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