If a husband is making 5 times than he did previously while married, can his ex-wife ask for an increase in her alimony payments?

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If a husband is making 5 times than he did previously while married, can his ex-wife ask for an increase in her alimony payments?

The wife is receiving the alimony but is still getting the same amount that was given during when the husband made a fifth of his money, due to the amount of spending the wife was doing at the time when the husband was making a lot less money. Is there some way for the wife to get 5 times more since the husband is making 5 times more?

Asked on January 28, 2016 under Family Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Changed circumstances such as increased income would be grounds for seeking a modification / increase of spousal support.
The spouse would file an Order To Show Cause (court form) with the court requesting a hearing on the issue of modification of spousal support and a declaration signed under penalty of perjury stating the facts supporting an increase in spousal support.  A copy of these documents filed with the court need to be served by mail on the other spouse.
The required documents to be filed with the court for seeking a modification of spousal support may vary from state to state.  Check with the court clerk to be certain you have filed all required documents.
Although an increase in spousal support is warranted based on increased income, the amount will be determined in court and might not be five times the present amount as it is impossible to predict how a court will rule in a case.
 


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