Spousal Support Modification Lawyers DE
In the state of Delaware, when a couple separates the courts may order one party to pay non-taxable spousal support to the other party. Once the divorce is final the spousal support is converted to taxable alimony payments. In Delaware, if alimony is appropriate it is ordered for no more than one-half the length of the marriage unless the parties were married for more than 20 years. If a marriage lasts more than 20 years then alimony may be ordered for an indefinite period of time. An existing spousal support or alimony order be modified at any time if a “real and substantial change of circumstances” has occurred. If you have questions regarding modifying an existing alimony or spousal support order you should speak with a skilled Delaware Alimony Modification Attorney.
Spousal Support Modification Attorney In Delaware
Please feel free to contact me, Newark Delaware Alimony Modification and Wilmington Spousal Support Modification Lawyer Michael S. Corrigan. I will do everything necessary to protect your financial rights and interests. If you are the party providing spousal support or alimony I will work to assure that you are paying only the minimum required by law and nothing more. If you are the party collecting spousal support or alimony I will make sure you are receiving the full amount to which you are entitled. Call me directly at (302) 455-1212. You can also email me, Delaware Spousal Support Modification Attorney Michael Corrigan by clicking here. The Law Office of Michael S. Corrigan has an office in Newark, Delaware to serve you.
Delaware Spousal Support Modification Laws
§ 1519. Modification or termination of decree or order; termination of alimony; enforcement of alimony order.
(a) A decree or separate order entered under § 1518 of this title may be modified or terminated only as follows:
(1) Support for a child, only as provided in Chapter 5 of this title, or otherwise;
(2) Custody and/or visitation of a child, only as provided in Chapter 7 of this title, or otherwise;
(3) Property disposition, only upon a showing of circumstances that would justify the opening or vacation of a judgment under the Rules of the Superior Court of this State;
(4) Alimony or any other relief awarded, only upon a showing of real and substantial change of circumstances.
(b) Unless otherwise agreed by the parties in writing and expressly provided in the decree, the obligation to pay future alimony is terminated upon the death of either party or the remarriage of the party receiving alimony.
(c) Any alimony order entered pursuant to § 1512 of this title shall be enforced in this State exclusively by the Family Court in the county wherein the respondent resides or is found, or in the county where petitioner resides if respondent does not reside and cannot be found in this State, regardless of whether such petitioner was the petitioner or the respondent in the divorce action, and such Family Court, on proper showing of either of such petitioner or such respondent or on its own motion, may modify or terminate support obligations formerly decreed by the Superior Court.
59 Del. Laws, c. 350, § 1; 60 Del. Laws, c. 297, §§ 11, 12; 61 Del. Laws, c. 365, § 22.;
Factors Involved In Alimony Modification
Several factors are taken into consideration when determining how much spousal support or alimony will be paid. The primary factors are each party’s income and their reasonable monthly expenses. While the State of Delaware allows for spousal support orders to be modified at any time, the party seeking a modification must prove a “real and substantial change of circumstances”. Some examples may include:
A change in the employment status of either party;
Other changes in the income of either party;
A change in living arrangements or cohabitation by either party; and
Other significant changes in reasonable monthly expenses of either party.
Contact A Delaware Spousal Support Modification Attorney
Do not risk failing to obtain the best financial outcome possible when it comes to your spousal support or alimony case. I have 15 years of experience handling Delaware divorce, alimony and child support cases. Let me, the Delaware Family Law Lawyer Michael S. Corrigan, put my experience to work for you. Call me directly at (302) 455-1212. I offer focused spousal support and general family law representation throughout New Castle County, Delaware and Kent County, Delaware.
The Law Office of Michael S. Corrigan proudly serves those with family law, alimony and spousal support needs throughout the following Delaware towns: Serving New Castle County, Kent County, Wilmington, Newark, Bear, Glasgow, Pike Creek, Hockessin, Middletown, Dover and Smyrna.