To change the amount of spousal support paid in Virginia, a person has to make a motion with the court. The motion to modify spousal support is required to set forth what material changes in circumstances have occurred since the last order was entered dealing with spousal support and how those material changes warrant a modification of spousal support.
If you are looking to modify your spousal support agreement in Virginia, it is crucial that you consult with a lawyer immediately. An experienced alimony attorney will keep your best interests in mind while helping to build a strong case on your behalf.
If the parties enter an agreement that outlines spousal support obligations, the only way that the court will have the jurisdiction and authority to change spousal support in Virginia is to the extent that the terms of the agreement allow the modification. If a spousal support agreement is made, and the individual allows the authority to modify spousal support in an instance of a change in financial circumstances, for example, then the court would have the ability to modify it.
The court will typically look at each party’s current financial circumstance, including both their incomes and their monthly reasonable expenses, and make a decision about modifying spousal support in Virgina. Alimony is a consideration based on each party’s expenses as they compare to their income.
However, the court is limited by the agreement’s parameters when modifying spousal support in Virginia. Therefore, if the agreement is silent on the issue of modification, the court does have the authority to change spousal support. If it addresses modification in the agreement, the court is only allowed to change spousal support to the extent allowed by the language of the spousal support agreement.
Receiving Support Before Settlement
If there is a case pending, a party who needs financial support has the ability to file a request for temporary spousal support with the court. While the case is pending and the parties have not yet reached their final trial date, the court will make a decision based on the circumstances of the parties about whether temporary support should be ordered and if so, how much.
In Virginia, a person can be barred from receiving spousal support if they have committed adultery. There is an exception to that which says if the barring of support would result in a manifest injustice, then support can be awarded. But, it is up to the court to make the decision about whether barring support would result in a manifest injustice. If this rule is in fact enacted, an individual can try to modify their Virginia spousal support agreement using a lawyer.
Benefits of an Attorney
Having an attorney can be incredibly useful, because unlike support, there is no specific calculation for a permanent support award or modification of a support award in Virginia. Therefore, having a lawyer with a good deal of experience in spousal support cases means that a person has a better chance of understanding what the likely range of outcome will be in their case.