If your ex-spouse recently received a large raise or promotion, you may wonder whether your alimony award should change. Under Rhode Island law, a court may modify an alimony order when a party shows a substantial change in circumstances after the original order was entered.
What evidence supports an alimony modification request
An attorney can review the alimony order and help gather evidence for a modification request. Key evidence may include:
- Income records: Pay stubs and tax returns can show the payer’s current earnings compared to those at the time of the original order.
- Business records: Financial statements and tax filings can document higher income from self-employment.
- Living expenses: Expense records can show the recipient’s current financial needs.
- Financial changes: Comparing past and current income, assets and expenses can help show a substantial change in circumstances.
- Ability to pay: Records showing significant income growth can demonstrate that the payer is better positioned to contribute more without undue hardship.
- Ongoing need: Documentation of the recipient’s financial situation can show whether additional support is still warranted.
- Original award terms: The original order or divorce judgment can show whether the award was meant to be short-term, rehabilitative or long-term.
A significant increase in income alone may not be enough; courts usually consider several factors before approving a modification.
How courts evaluate a modification request
The court compares the parties’ current finances with their finances when the original order was entered. A large and lasting increase in income may show a substantial change in circumstances.
Judges typically weigh the following factors:
- Timing of the income increase
- Purpose and terms of the original award
- Current income, expenses, assets and debts
- Recipient’s financial need and payer’s ability to pay
The current order stays in effect until the court approves a change. The court may also grant a smaller increase if the evidence does not support the full amount requested.
Reviewing alimony after income increases
A lasting increase in the payer’s income may support an alimony review. The divorce order and current financial records can show whether the changed circumstances support a higher award. A family law attorney can review these documents and determine whether a modification may be appropriate.
