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Can You Appeal Alimony?

Posted on August 22, 2019 02:18pm
Can You Appeal Alimony?

If you’ve just finalized your divorce and you pay or receive alimony, you might be wondering if you can appeal the court’s decision. Fortunately, the Oregon legal system understands, for the most part, that circumstances change, and alimony payments may need to be likewise adjusted. If you think you may be paying an unfair amount in alimony, or if you think you should be receiving more from your ex, you may have cause to petition the court for an appeal to have your alimony orders modified. However, obtaining an appeal for your court-ordered alimony is not always as simple as it sounds.

In order to file a motion to modify alimony payments, one of the following circumstances must exist:

Change in income

If either the paying or receiving spouse’s income changes significantly, the court will likely consider a modification to the spousal support payment. For example, if the receiving spouse receives a significant raise, the other spouse may have grounds to reduce or terminate payments.

Loss of employment

When the paying spouse loses his or her job (through good faith and not just as a means to avoid paying spousal support) then the court is likely to reconsider the amount they pay. Likewise, if the receiving spouse loses his or her job, they may be eligible to receive more spousal support. In either case, the loss of employment must be involuntary and unanticipated.

Cohabitation or remarriage

After a divorce, if the receiving spouse remarries, there is a chance spousal support can be modified or terminated if it can be proved that the marriage has considerably improved his or her financial situation. Cohabitation may also provide similar grounds to modify spousal support payments.

Needs change drastically

If either spouse’s needs change, especially in a financial sense, the court may grant an appeal to the original spousal support order. A change in needs may occur because of a career change, or a sudden, serious illness, a handicap, or some other situation that affects either spouse’s life in a drastic, fiscal way.

Do you think you qualify for a spousal support modification? If you believe you are entitled to a higher payment, or if you do not think what you pay is fair, consider discussing your circumstances with an experienced attorney at our firm. Contact McKinley Irvin to get started today.

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