Spousal support, just like child support, is modifiable based upon a change in circumstance. More earnings, less earnings, the needs of the parties, or the ability to pay can all be considered. It would take a motion before the court to modify the order. Under most circumstances, in divorce negotiations, the parties can agree that the spousal support will be non-modifiable. For example, they can agree that it will be $1,000 a month for five years, non-modifiable.
A petition must be filed with the court asking that the spousal support be modified, and must state the change in circumstance that warrants that modification. The court will then determine if there was, in fact, a change in circumstance.
If a party is not paying the court ordered spousal support, the court could find the individual in contempt. The court can jail the party for not complying with a court order, either for child support or for spousal support. When there is spousal support, there is a Uniform Spousal Support Order that is entered separately from the Divorce Judgment. That order can go to the employer and the spousal support will be deducted from their pay directly through the state and will be paid to the individual who is receiving the spousal support.
For more information on Modification of Spousal Support, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 869-0030 today.