Feb 23 2009
How to Reduce Alimony in California
If you need to know how to reduce alimony once the court has ordered a certain amount, you should first contact a lawyer who can help you through the sticky legal process of changing the amount you must pay.
It is possible to pay less once you figure out how to reduce alimony. But your financial circumstances must have changed in order for the alimony to be reduced. Different states have different laws and different ways of dealing with the issue of how to reduce alimony and when it should be reduced, so you’ll want to discuss it will a lawyer who’s familiar with the laws in your state.
The lawyer you used for your divorce is probably a good choice to look at your situation and tell you how to reduce alimony, if it’s possible. That lawyer is already familiar with the case and is starting out with a lot of knowledge of your circumstances. But if you want to find a different lawyer, perhaps you weren’t happy with your divorce lawyer or you were unhappy at the amount of alimony ordered in the first place, then you should talk to at least a few different attorneys about your chances of getting alimony reduced.
Do you need help reducing alimony in California?
Don’t just pick a lawyer from the phone book. Don’t be afraid to ask other people about the lawyers they’ve used for divorces and similar situations. Talk to two or three lawyers and choose one you feel comfortable with.
If your circumstances have changed through something beyond your control, your lawyer should help you file a petition to get your alimony lowered. The change must be something you couldn’t have prevented, like being fired, being laid off, having your hours or your salary cut, or other circumstances.
In addition to filing the petition for the downward modification of the amount of alimony you pay, you’ll probably have to file an affidavit that accurately states your financial situation and the impact of the recent change. Your lawyer will help explain this to you.
Your lawyer will also explain your particular state’s laws regarding financial disclosure. Just as it was during the divorce, be prepared for every record you have to be scrutinized carefully. Your income, expenses, and debt will have to be disclosed. Your state might require even more information.
Expect your ex-spouse to get an attorney when you start the process of reducing your alimony. Your ex will also have to file a financial affidavit and accurately disclose his or her financial situation. At this point, you might have to go to court or you might have to enter into mediation to work out the lowered amount of alimony, if it is to be lowered. You could also request mediation, which is usually cheaper if it’s possible to work out your differences that way. If your situation hasn’t changed but your spouse’s has, if she remarries or gets a large pay raise for instance, you should also contact a lawyer about how to reduce alimony.
Looking for legal guidance in Southern California? Locate a California Divorce Attorney today.
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