Divorce is a life-altering event that affects various aspects of a couple’s life, including their financial stability. Among the significant financial implications of divorce is spousal maintenance, commonly known as alimony. Spousal maintenance refers to a monetary payment made from one former spouse to the other to provide financial support after the divorce. However, circumstances for either party can change over time, often necessitating a modification of the spousal maintenance order. In the state of New Hampshire, it is indeed possible to modify a spousal maintenance order, but certain conditions must be met. This article will delve into the intricacies of modifying a spousal maintenance order in New Hampshire and provide a comprehensive guide to assist individuals in the process.
Valid Reasons To Modify A Spousal Maintenance Order
Modification of a spousal maintenance order can only be pursued if there are valid reasons justifying such an action. Some of the qualifying reasons for modification include:
Change In Income
If the individual responsible for paying spousal maintenance experiences a substantial decrease in income, they may find it challenging to continue paying the same amount of support. Similarly, if the spouse receiving the maintenance experiences a significant increase in income, the court may deem it unnecessary to continue providing the same level of financial support.
Change In Living Arrangements
In situations where the recipient of spousal maintenance moves in with a new partner or remarries, the court may consider this change significant enough to warrant a modification or termination of the spousal maintenance order.
Change In Health
Should the individual responsible for paying spousal maintenance encounter a severe health issue that impedes their ability to earn the same income or provide the same level of financial support, the court may deem it necessary to modify the existing spousal maintenance order.
Time Limits
In some cases, the original spousal maintenance order may have been issued with a predefined time limit. For instance, the order may specify that spousal maintenance will be paid for a certain number of years. Once this time limit is reached, the spousal maintenance order automatically terminates.
Applying For A Modification
Before initiating the process of modifying a spousal maintenance order, it is highly recommended to consult with a family law attorney. An attorney possesses the expertise to analyze whether there are valid grounds for modifying the existing order and can guide the applicant through the entire process.
Step 1: File The Petition
The first crucial step in modifying a spousal maintenance order is to file a petition with the court. The petitioner seeking the modification must file the petition in the same court that initially issued the spousal maintenance order. The petition should contain a detailed explanation of the reasons behind the proposed modification, accompanied by any supporting evidence that strengthens the request.
Step 2: Serve The Petition
After filing the petition, it must be properly served to the other party involved. This involves delivering a copy of the petition to the other party either in person or through certified mail. It is essential for the petitioner to provide proof to the court that they successfully served the petition on the other party.
Step 3: Attend The Hearing
Following the proper service of the petition, the court will schedule a hearing. Attendance is mandatory for both parties involved, as they will have an opportunity to present their arguments. The petitioner seeking the modification must provide substantial evidence supporting their request. The judge will carefully evaluate the evidence presented by both parties before rendering a decision regarding the modification.
Final Thoughts
Modifying a spousal maintenance order in New Hampshire is indeed possible under specific circumstances. However, the process can be complex and overwhelming. Therefore, it is always advisable to seek the guidance and assistance of an experienced family law attorney. If the circumstances for either party have significantly changed since the issuance of the original spousal maintenance order, it is crucial to consider a modification to ensure the order adequately reflects the current situation. By following the systematic steps outlined in this article, individuals can pave the way towards successfully modifying a spousal maintenance order in New Hampshire while ensuring that fairness prevails for both parties involved.