Introduction
Dealing with the complexities of divorce can be overwhelming, and one of the recurrent concerns is alimony or spousal support. It’s a way for the court to ensure that the financially dependent spouse can sustain their standard of living post-divorce. However, circumstances are ever-changing, and situations arise where the obligor’s income diminishes or the recipient’s income increases. In such instances, the court has the authority to modify the alimony amount to ensure fairness and meet the needs of both parties involved.
An Overview of Alimony in New Hampshire
Before delving into the intricacies of alimony modification, it’s crucial to familiarize ourselves with the fundamental aspects of alimony in New Hampshire. The state recognizes three types of alimony as defined under RSA 458:19:
- Temporary alimony – These payments are only made during the duration of the divorce proceedings.
- Rehabilitative alimony – This type of alimony is implemented for a specific period to aid the recipient in achieving financial independence.
- Permanent alimony – These are continuous payments intended to fulfill basic needs or sustain the recipient’s lifestyle even after the finalization of the divorce.
When determining the appropriate alimony, New Hampshire courts consider several factors, such as the length of the marriage, the income and assets of both parties, the individual needs of each spouse, and even the age and health of the recipient. Once the court issues an alimony order, both parties are obligated to comply, unless significant changes in circumstances justify a modification.
Reasons for Modifying Alimony
In New Hampshire, either party can request an alimony modification upon experiencing significant changes in their circumstances. Common reasons for seeking an alimony modification include:
- Alterations in the income of either spouse
- Changes in the recipient’s expenses, such as medical bills or child care costs
- Remarriage or cohabitation of the recipient
- Unforeseen loss of employment or disability experienced by the obligor
- Amendments in tax laws affecting alimony payments
Understanding the Alimony Modification Process
Suppose you believe that a substantial change in circumstances justifies an alimony modification. In that case, the initial step is to file a motion with the court, as stipulated under RSA 458:14-a. This motion must convincingly demonstrate that a significant change has occurred since the initial alimony order was issued.
After filing the motion, the court will schedule a hearing and duly notify both parties involved. During the hearing, each party has the opportunity to present evidence to support their position. The court will then carefully evaluate the evidence presented and make an informed decision regarding whether or not to modify the existing alimony order.
When the court decides to modify the alimony order, it takes into account various factors, including the income, expenses, and needs of both parties. Additionally, the court considers the recipient’s efforts in achieving financial independence, their age, health, and any other relevant circumstances. The modification may entail adjustments to the alimony amount, duration, or both, or even terminate alimony altogether based on the circumstances presented.
Conclusion
Whether you find yourself in the midst of divorce proceedings or currently have an existing alimony order, it is vital to understand the alimony modification process in New Hampshire. The state affords either party the right to request a modification when significant changes in circumstances arise. If you believe such changes have occurred, it is prudent to seek professional guidance from an experienced family law attorney. Their expertise ensures you navigate the process smoothly and safeguards your rights throughout this complex journey.