Legal Advice for Men Dealing with Spousal Support Modifications

Understanding the Process for Spousal Support Modifications

One potential topic of contention if you are going through a divorce is whether you will pay or receive alimony. Also referred to as spousal support, this is a payment that is awarded by the court to one of the spouses.

While recent surveys have indicated a trend of more women paying alimony, spousal support is often still thought of as something men mainly deal with. Whether you’re paying spousal support or receiving it, it’s important to understand what your options are for modification as your finances or other life situations change.

Understanding Types of Alimony in Maryland

In Maryland, there are three types of alimony that can be awarded by the court during a divorce. They are:

• Pendente lite. This is temporary support ordered by the court during the divorce process. It’s designed to maintain the lifestyle and function of both parties in the divorce as much as possible, but it does not mean that support will be ordered as part of the final divorce outcome.
• Rehabilitative. Also a temporary support order, the goal of this type of payment is to ensure the spouse receiving it is able to seek education or training or make career changes that increase their income so they can become self-sustaining.
• Indefinite. This type of support is awarded in cases where the court believes there may not be a likelihood of the recipient becoming self-sustaining in the future.

When Might Spousal Support Be Modified?

Neither spouse can seek spousal support after the fact if support was not part of the final divorce order to begin with. That’s an important consideration when you’re determining what type of details are critical in your divorce agreement.

If support is ordered, even indefinitely, it may be terminated or modified in certain cases. The death of either party or the remarriage of the person receiving support are reasons for termination of support payments, and courts will also consider terminating an order for support that creates a harsh result for the person paying it.

You can request a modification in a spousal support order if there is a material change in your circumstances or those of the other person. Some examples of this type of change include:

• A substantial change in the income of either person
• The retirement of the spouse paying the support
• The cohabitation of the spouse receiving support with someone else, even if they aren’t remarried
• Changes in financial needs due to medical or other issues

Steps to Take if You Would Like to Request a Modification

If you want to request a modification in spousal support for any reason, some steps to take include:

• Talking to your attorney. By consulting a family law attorney who works with men on divorce and support cases, you can understand your options and what you may need to do to effect a change in modification.
• Gathering evidence. You will need to demonstrate to the court why the modification is needed. You may need evidence that illustrates changes in income or financial situations.
• Filing a request. Your attorney will handle this task for you. It involves filing a motion to request that the court modify the existing order.
• Serving the motion on the other party. You must follow legal requirements to notify your ex about the motion. Your attorney will handle this step for you too.
• Attending any necessary hearings. Your lawyer will let you know what steps you need to take beyond this point. Depending on the response of the other party, you may need to attend one or more hearings and make a case for your motion in court. Your family law team will work on your behalf throughout this process.

You can request the modification as the person who receives payments or as the person who makes the payments.

Steps to Take if the Other Party Requests a Modification

If the other party, whether they pay or receive spousal support, requests a modification, they must ensure you are notified about the motion through legal service processes. If you receive such a document, you may want to reach out to your family law attorney and discuss your options for challenging the motion if desired. This typically involves presenting evidence that makes a case for the support remaining the same, such as documents that show your income did not, in fact, change substantially if that’s what the other party is claiming.

How Legal Representation Can Help

Every case is different, and the team at Paré & Associates can’t provide legal advice for your unique situation in a blog post. However, an experienced family law team that works primarily with men and is adept at navigating common divorce and support challenges that men face can help.

Some ways a family law attorney can help include ensuring adequate documentation and evidence associated with a motion for support modification or a strong response to a motion from the other party. It’s natural to become frustrated or emotional with these types of issues when you’re the one caught in the middle of them. An experienced lawyer provides counsel and big-picture information about the support modification battle, and that can help you make more informed decisions as you deal with these issues.

To find out how we can help with your spousal support modification case, give Paré & Associates a call today at 301-962-2492.