When Do I Petition the Court to Modify My Spousal Support in Virginia?
Under some circumstances, the Virginia courts will require one party to pay spousal support to the other after the divorce. This usually occurs when the divorcing couple was involved in a lengthy marriage, one of the spouses gave up his or her job, there’s a large disparity in the spouses’ incomes or one of the parties has a disability. The courts may establish temporary support, to allow time for the dependent party to reestablish his or her livelihood, or it can even be permanent.
The courts recognize that the lives, expectations and circumstances of individuals can change rapidly. Although there are times that stipulations in the original support order prevent certain modifications, there are almost always circumstances in which either of the parties can petition the courts for an adjustment.
Virginia Code §20-109 establishes guidelines for modifying an existing order to pay spousal support. Either party may request that the court increase, decrease, or terminate the amount and/or duration of any spousal support court order unless the order specifies specifically that the order is non-modifiable. It is extremely important to understand this when entering the order.
The Virginia courts may terminate support if:
– Either party dies, unless otherwise stipulated.
– The party receiving the support is remarried. The newly married party is required by law to attempt to notify the ex-spouse.
– If the spouse receiving the support is cohabiting with another person in a “relationship analogous to a marriage” for a year or more. There are exceptions to this rule. If it was otherwise stipulated in the maintenance agreement, then this development wouldn’t affect the payment of support. The spouse receiving the support can also attempt to prove that the termination of the support would be “unconscionable.” However, it is extremely rare to have a finding of unconscionable.
The courts may also increase, decrease or terminate the amount of duration of support if:
– There has been an change in the circumstances of either or both of the parties that was unforeseen when the order was established.
– An event that was expected to occur, that the court did expect to happen at the time of the order, did not in fact happen.
If you are currently paying spousal support, or you are receiving maintenance and believe that you are obligated to notify your spouse of a change of status, you should contact a qualified Virginia family law attorney to discuss whether or not a petition to the courts is appropriate.
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