The Mn Criminal Defense, Personal Injury & Family Law Blog
Alimony Modifications and Hutchinson, MN Family Law Attorneys
June 4, 2020
Income changes cause most spousal support modifications Such adjustments are frequent, since most people change jobs twelve times during their careers. The obligor’s income obviously affects his/her ability to pay. And, the obligee’s income increase might change his/her economic need. Not all income changes qualify as modification events. Under Minnesota law, the change must be unanticipated, permanent, and substantial. These three adjectives rule out a number of events, perhaps even including retirement.
Sometimes, the obligee’s economic need changes in other ways as well. That change could be a close relationship with a paramour or a failure to follow a written rehabilitation plan.
Hutchinson, MN family law attorneys must not only establish a foundation of adjustment. The court normally calculates the amount and duration of the payments as well. These determinations, whether a McLeod County judge performs them or the parties agree to them, must jive with the factors listed below.
Before we get to changed circumstances, we should first take a step back and examine some basic points of initial alimony determinations.
In Minnesota, judges can award temporary, short-term, or long-term alimony. Temporary alimony helps obligees pay divorce-related expenses, such as attorneys’ fees and property rental deposits. Short-term alimony helps obligees with economic needs become economically self-sufficient. Long-term alimony is usually only available if the obligee is disabled, cares for a disabled child, or is otherwise incapable of self-support.
To see how the aforementioned job and life change factors work in McLeod County, let’s look at a couple of examples.
Assume Mike and Karen divorce in their late 50s after many years of marriage. Since Karen was the homemaker and Mike was the breadwinner, Karen has no current job skills and is therefore largely unemployable. So, Mike pays substantial alimony until he turns 65, when he retires.
Mike confidently works with a Hutchinson, MN family law attorney. He assumes the judge will cut off alimony or at least reduce his payments. But not so fast. Retirement is not an unanticipated event. People get older and retire. The judge might still reduce Mike’s alimony payments, but Karen might have something to say about that.
Now assume Karen finds a new boyfriend a few years after she divorces Mike. But she does not marry her boyfriend, so Mike is still technically required to pay spousal support.
But once again, not so fast. If Karen had a long-term relationship with her boyfriend which involved some shared financial matters, such as a joint checking account or joint home purchase, a Hutchinson, MN family law attorney might still be able to reduce Mike’s spousal support payments.
Hutchinson, MN Family Law Attorneys and Amount/Duration Adjustments
So, either former spouse may seek to change the alimony obligation based on changed circumstances. Next, the amount and duration of payments must be re-calculated, as follows:
Obligee’s Financial Resources: In emotional modifications, like a new boyfriend or girlfriend, this factor is usually paramount. A new partner’s income is usually not relevant in child support inquiries, but it is incredibly relevant in spousal support matters.
Standard of Living During the Marriage: This factor’s significance diminishes in modification proceedings, especially if the parties have been divorced for more than a few years.
Relative Earning Capacity: Typically, young, healthy, and well-educated people have significant earning potential. So, if there is a considerable age, health, or other discrepancy between the two former spouses, this gap might justify an increase or decrease in spousal support payments.
Contributions to the Marriage: Much like the standard of living factor, this consideration is important in initial determinations, but not as important in subsequent modifications.
Most modification claims settle out of court. That includes both the need for modification and the new amount and duration of payments. As long as each spouse had an independent Hutchinson, MN family law attorney through the whole process, most McLeod County judges approve most of these settlements. Frequently, they do not even require hearings.
So, your Hutchinson, MN family law attorney must be more than a diligent researcher and forceful litigator. Your attorney must also be a good negotiator.
Connect with an Assertive Lawyer
Initial spousal support determinations are not set in stone. For a free consultation with an experienced Hutchinson, MN family law attorney, contact Carlson & Jones, P.A. Convenient payment plans are available.