I do not believe that you can modify alimony other than to stop it. Child support can be modified after 3 years or if there has been a 15% change of income, increase or decrease, or a change of lifestyle and arrangements.
Asset depletion a cause for change in circumstances in reference to what? The only time that I have heard this makes a difference is during separation. Depleting marital assets prior to divorce can force an unequal division of the remaining assets…after divorce this is no longer an issue as the property belongs to each party.
Alimony CAN be modified and I do not think the only way to modify it would be to stop it. Over time, many Orders become unfair. Modification of alimony also relies on the factor “substantial change in circumstances”.
As for asset depletion, the Court based some of my income on “investments”. However, the amount I had to “invest” was depleted by 40% and cut the income that I was supposed to receive by over half. The depletion money went to pay legal/living expenses during the separation period. Therefore, I will never have the income that the Court projected. And it’s more than 15%.
I have never heard of alimony being increased but the statute does say that it can be modified.
Normally, the supported spouse has an increase in their income, gets remarried, cohabitates or the time frame for payment of alimony reaches an end and so the order ceases.
It may be worth looking into, but if your income was based on investments that you did not make, because you used the investment money as living/legal expenses, then I don’t know if they would hold your ex responsible for the decrease in the income projected. Would your attorney at the time not have informed the courts that the income projected was inaccurate…?
Alimony is determined based on the standard of living at the time of the divorce and generally cost of living increases are not given. Generally, if the court has already considered your expenses they will not consider it a change in circumstances if your spending exceeds the expenses they have allowed for you in the order.
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Helena M. Nevicosi
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My divorce 5 years ago set my “standard of living” based on an amount of allowance I received from the ex. This amount was based on 2001 figures and I have been forced to live at this “level” for the next ten years.
Question: Could increased expenses due to inflation and cost of living data be grounds for alimony/child support modification? Also, if time proves that the original orders are more “unfair” than they already are be a grounds to request modification? I already know that asset depletion may be a possible reason for a “change in circumstances”. Thanks!