Will a Judge Increase Your Alimony Payments?

Contrary to popular belief, alimony payments are not always set in stone. In some instances, the recipient can ask the court for an increase and have the request approved. If you receive alimony and want to get an increase, here is what you need to know. 

How Is Alimony Determined?

Before asking for an increase in alimony, you need to know how the alimony amount is determined by the judge. By understanding the factors a judge uses, you can formulate a plan for asking for an increase. 

There are state laws in place that dictate which factors are used to determine alimony. Since laws vary by state, the factors can also vary. However, there are some factors used that are similar. 

For instance, your expenses play a role in how much alimony is ordered. Expenses can include the mortgage or rent and utilities. If you have children with your ex, their support is usually separate from the alimony payments. 

Your income can also be considered. A judge can look at your current earnings and chances for promotion to determine your income. If you are not currently employed, your education, work history, and ability to train for a job can also be considered. 

How Do You Get an Increase?

Unless your original alimony agreement included a clause that called for an increase in your payments in the future, you will need to show the judge that an increase is warranted. 

For instance, you have to prove that there was a significant change in your income that could impact your ability to provide for yourself. This could mean that you lost your job or that you will be unable to work for a period of time due to illness. 

You could even ask for an increase based on a change to your ex's financial condition. If he or she had a significant increase in earnings, you could request an increase in your alimony payments. It is important to note that an increase in your ex's finances does not automatically translate to an increase for you. You still need to prove there is a reason for the increase.

It is also important to remember that not all increases are permanent. The judge could agree that you are entitled to an increase, but place a time limit on how long the increase will last. 

An alimony attorney can help you determine the best method for tackling the issue of asking for more alimony. 


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