Spousal support is a means to aid individuals during their transition from a double to a single person household. Whether the two parties or the court sets the support amount, sometimes the payee does not want to stick to the agreement, for various reasons.
If your ex-spouse is seeking to modify your spousal support agreement, you may be able to combat it. In order to do so effectively, you should be aware of a few things.
Temporary or long-term
In most cases, spousal support is temporary. Therefore, it is important to understand the length and terms of your spousal support agreement. Administration of long-term support is not as common as some people think, and temporary spousal support has restrictions and requirements that you want to be aware of, to make sure that you qualify to receive the full award.
Grounds for modification
There are a few different factors that the courts consider when determining the amount and duration of a spousal support payment, whether it is for an initial determination or a modification. It is important to note that this is a different process than child support modification, and therefore has different eligibility requirements. One of the most common reasons that payees cite for a spousal support modification request is if the ex-spouse receiving support moves in with a significant other. In order to file a claim, a payee must complete a Spousal or Partner Support Declaration Attachment form. By familiarizing yourself with this form, you can use it to build and support your rebuttal.
The best way to protect yourself from a spousal support modification is to include a nonmodifiable clause in your divorce agreement. As the name indicates, this clause states that neither party will seek to make any changes to the agreement once it is in place. Make sure that the clause is in clear, concise language, to avoid any loopholes that may lead to overturning the agreement.