Modification of Alimony in Jacksonville

Do you need to modify your terms of spousal support?

The Florida court provides for changes to be made in alimony (spousal support) orders when substantial changes occur in your life which affect the ability to pay alimony as ordered by the court, or conversely, changes which affect your need for continued spousal support.

When these changes are needed, the proper steps must be taken to ensure this is done legally; an unofficial agreement reached between the parties, even though they may both be in agreement with the change, will not be upheld in a court of law. The family lawyers at Ellerin Hutchinson have extensive experience in helping their clients achieve successful outcomes in petitions for modification of alimony orders.

When significant changes in your financial standing occur, such as unemployment, bankruptcy, a medical crisis, relocation or other unforeseen circumstances, you may have valid grounds for a modification order to increase, decrease or even terminate alimony payments. Additionally, the existence of a “supportive relationship” for the party who is receiving alimony payments may be grounds for termination of an alimony award without the need of showing a change in financial circumstances.

Determination of a “Supportive Relationship” in Jacksonville

Florida Statute 61.14 allows the court to terminate an award of alimony when sufficient evidence is presented that a “supportive relationship” exists between the recipient of alimony payments and a person that they live with. A number of criteria are used to determine if such a relationship exists, such as:

• Whether or not they present themselves as a married couple, refer to each other as a husband or wife, possibly use the same last name, share a common mailing address, or otherwise show evidence of a permanent and supportive relationship, regardless of gender.
• How long they have lived together.
• Evidence of shared finances or assets.
• Joint purchases of real estate or personal property.
• Evidence of support of the children of either party.

If your ex is in a supportive relationship and cohabitating with someone, and is not married to them, it may be possible to modify your alimony order and terminate your alimony obligation. Or, if you are receiving alimony yet are cohabitating with someone as part of a supportive relationship, you may be in danger of losing your alimony award. In either case, you need to contact an experienced Jacksonville alimony lawyer to handle your modification of alimony case.