When you have an existing alimony order in place, you must stick to this order or risk being found in contempt of court. However, there are many situations where it may be necessary to modify alimony agreements in Gainesville.
Whether you are paying or receiving alimony, if the subject of a modification arises, a Gainesville alimony modification lawyer at Bogin, Munns & Munns can advocate for your rights. Start working on your alimony modification case today by discussing your case with a team member.
Common Types of Alimony Orders in Gainesville
To determine whether your alimony order can be modified, you must understand what type of alimony order you are under.
Multiple types of alimony can be awarded after a divorce in Gainesville. The different types of alimony that could have been ordered include:
- Temporary alimony – This type of alimony is only awarded while your divorce is still pending. The amount of alimony that can be awarded on a temporary basis can vary widely depending on the specific details of your case. Temporary alimony is only paid until your divorce is finalized. At this point, the temporary alimony order will be dismissed, and a new alimony order will be issued if one is issued at all.
- Permanent alimony – Permanent alimony is awarded to a spouse who is unable to provide for themselves financially following a divorce. This alimony can be awarded permanently under very specific circumstances. Permanent alimony awards can only be terminated if the spouse receiving permanent alimony gets remarried or passes away. However, modifications to permanent alimony may be possible if there are significant changes in the payer or receiver’s circumstances.
- Bridge-the-gap alimony – Bridge-the-gap alimony helps the receiving spouse transition from married to single life financially. This is short-term alimony that will often not exceed two years. It should be noted that bridge-the-gap alimony is not eligible for modifications under Florida law.
- Lump-sum alimony – Lump sum alimony is awarded in cases where one spouse makes a one-time gross payment to the other spouse as opposed to the receiving spouse obtaining payments that are distributed on a regular monthly basis.
- Rehabilitative alimony – Rehabilitative alimony may be awarded when the lesser earning spouse needs financial support while they obtain the education or skills needed to obtain gainful employment and support themselves financially.
- Durational alimony – Under Florida Statute § 61.08(7), durational alimony can be awarded for a predetermined amount of time in cases where a marriage has ended after a short period. Durational alimony will be terminated in the event of remarriage or death. Although the amount of a durational alimony order can be modified, the length of time a payer is ordered to continue paying durational alimony cannot except under extreme circumstances. It should also be noted that durational alimony is not eligible for longer than the length of the marriage.
The type of alimony ordered in your case can dramatically impact your ability to make modifications to your order. If you are unsure which type of alimony order was implemented in your divorce, consult with a Gainesville alimony modification lawyer about the details of your case.
To consult with an experienced alimony modification lawyer serving Gainesville, call 855-780-9986
Can You Modify Gainesville Alimony Agreements?
Certain types of alimony agreements can be modified while others cannot. Certain types of alimony also allow modifications to the amount of payment but may not allow for changes to the amount of time in which someone is ordered to pay alimony.
With that being said, if you hope to get your Gainesville alimony modification request approved by the court, you will need to be able to show that there has been a significant change in your circumstances.
You may also be required to prove to the court that the reason for your change is permanent and therefore requires the modification, as the changes are not temporary or limited.
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What Factors Are Considered for Alimony Modifications in Gainesville?
If you hope to get your alimony modification request approved, you need to prepare your case adequately. The courts are going to be looking for a change in your circumstances. This means that they will be looking at various factors to determine whether alimony should be modified as per your request. Some of the factors that may be taken into account include:
- The reasons for your divorce
- Both spouses contributions to the marriage
- The finances of both spouses
- The mental and physical health of both spouses
- Whether either spouse has remarried
- Whether either spouse has other children
- Both spouses earning capacity
- Your child custody and support agreements
These are the same types of factors that may have been considered when determining whether alimony was going to be awarded in your divorce settlement. Changes to the circumstances could positively or negatively impact your ability to get your alimony modification granted.
Generally, if you were to have a loss of income, your former spouse remarried, or other extenuating financial circumstances apply, you may be able to get the court to grant your alimony modification request.
However, if you are attempting to modify your alimony out of revenge or due to a temporary loss in income, you may find that the court is unwilling to grant your alimony modification petition.
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Do You Have to Go to Court to Modify a Gainesville Alimony Order?
Yes, you may need to file a Gainesville alimony modification petition in the family court system if you hope to get your alimony order modified. Once an alimony order has been issued, failure to pay can result in sanctions, including wage garnishment and property seizure.
You could also have your driver’s license suspended or revoked and even be arrested and sent to jail for failure to pay your alimony. Until the court grants or denies your request, you are required to make your payments as regularly scheduled.
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Get Help From an Alimony Modification Lawyer in Gainesville
Making changes to your court-ordered alimony can be done. But you need to be prepared to show the court that extenuating circumstances require you to do so.
Get help proving your case when you contact a Gainesville alimony modification lawyer at Bogin, Munns & Munns for help. When you are ready to get started on your case, schedule your initial consultation by phone at 352-332-7688.