Application for Reduction of Alimony

When a change in financial circumstances occurs, it is possible to file an application for reduction of alimony. The amount of alimony payable may be reduced if there has been a "substantial change in circumstances." If you are currently making alimony payments, you need to continue making your payments until a judge makes a ruling otherwise.

Alimony can be reduced under some circumstances.

Steps in an Application for Reduction of Alimony

Complete the Petition for Modification of Alimony Form

The first step in an application for reduction of alimony is complete a form to petition the Court to modify the amount of alimony to be paid. The form will set out the following information:

• Name of the Petitioner (the person making alimony payments) and the Respondent
• The Date the Divorce or Support Judgment was made (a copy of this document needs to be attached to the form)
• An Explanation of the Change in Financial Circumstances
• What the Petitioner is Asking the Court to Order (a reduction in alimony)

Sign the Petition

The Petition for Modification of Alimony form needs to be signed in front of either a notary public or a deputy clerk. By signing the form, the Petitioner is making a statement under oath. It is a crime to make a false statement and by doing so, the Petitioner may be subject to a fine and/or imprisonment.

Have the Petition Filed and Served

The next step in the process is to file the Petition with the Court in the same county where the Divorce or Support Judgment was entered. The original Petition is filed with the Clerk's Office; you will need to keep a copy for your own records.

Once the Petition has been filed, the Clerk's Office will arrange for it to be served on the Respondent. Personal service is the preferred method of service, but if you don't know where the Respondent is, service can be effected by what is known as constructive service. A form of constructive services is where an ad is placed in the newspaper for a specific number of days advising the Respondent that legal action is being taken to vary the amount of alimony to be paid.

The Respondent Has a Certain Time to Answer

If the Petition is served personally, the Respondent must respond within 20 days of the date of service. If no Answer has been filed, then you can file a Motion for Default. A date for the hearing is set; the Respondent is notified of the date the hearing is to take place.

Respondent Can Contest the Petition

In a situation where the Respondent files an Answer and Counterpetition, a Notice for Trial is filed and a date is set for a judge to hear evidence from both sides in the dispute.

Judge Makes a Ruling on Alimony

If the Petitioner is successful in his or her application for reduction of alimony, then the judge will change the amount of alimony to be paid. A Supplemental Final Judgment Modifying Alimony will be signed by the judge.

As you can see, there are several steps involved in making an application for reduction in alimony. The only way that the amount of alimony can be changed is if a judge signs an order to that effect.

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