Finances - How to increase your alimony
Dear Broken Hearted Girl,
If you believe that you need increased alimony payments due to a change in circumstances of your lifestyle, you can apply for it. But you have the burden of proving "changed circumstances." To see how you can do that, read the article below.
Feel better!
-MJ
From divorcesource.com
Who has the burden of proving a "change of circumstances" to obtain an increased alimony award?
The spouse who seeks an increase in alimony has the burden of proving "changed circumstances." If a party proves a change of circumstances then the court will grant the parties the right to conduct limited discovery. Basically, the parties will then exchange tax returns, pay stubs, and a CIS. The moving party must also prove that the changed circumstances have substantially impaired his/her ability to support himself or herself.
If the court believes that the motion requesting an increase in alimony has merit, then it will schedule the case for a plenary hearing. A Lepis plenary hearing can be just as complicated and draining as a divorce case. The court will also issue a discovery order. Lepis hearings always seem to last forever. These cases are not as carefully scrutinized as the divorce cases are. It is not uncommon for a Lepis alimony case to be adjourned five or more times. The family courts are overwhelmed with all types of litigation, and they really can't handle all of their volume of cases. However, before a court will grant a moving party a Lepis hearing, the moving party must convince the court that there are significant life events that justify increasing alimony. This is certainly not an easy burden to satisfy. The courts do not take motions that request an increase in alimony lightly. There must be compelling reasons(s) to justify increasing the amount or the length of an alimony award.
If you believe that you need increased alimony payments due to a change in circumstances of your lifestyle, you can apply for it. But you have the burden of proving "changed circumstances." To see how you can do that, read the article below.
Feel better!
-MJ
From divorcesource.com
Who has the burden of proving a "change of circumstances" to obtain an increased alimony award?
The spouse who seeks an increase in alimony has the burden of proving "changed circumstances." If a party proves a change of circumstances then the court will grant the parties the right to conduct limited discovery. Basically, the parties will then exchange tax returns, pay stubs, and a CIS. The moving party must also prove that the changed circumstances have substantially impaired his/her ability to support himself or herself.
If the court believes that the motion requesting an increase in alimony has merit, then it will schedule the case for a plenary hearing. A Lepis plenary hearing can be just as complicated and draining as a divorce case. The court will also issue a discovery order. Lepis hearings always seem to last forever. These cases are not as carefully scrutinized as the divorce cases are. It is not uncommon for a Lepis alimony case to be adjourned five or more times. The family courts are overwhelmed with all types of litigation, and they really can't handle all of their volume of cases. However, before a court will grant a moving party a Lepis hearing, the moving party must convince the court that there are significant life events that justify increasing alimony. This is certainly not an easy burden to satisfy. The courts do not take motions that request an increase in alimony lightly. There must be compelling reasons(s) to justify increasing the amount or the length of an alimony award.
posted by MJ @ 3:47 PM
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