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Can alimony decrease if the payor’s income decreased?

QUESTION: Can the alimony award be decreased if the alimony payor had a drastic change in income?; i.e., if he lost his job or was demoted and now makes less than half of what he did previously? Is there a process to modify the alimony award?

ANSWER: Yes. In Utah (I can’t speak for any other jurisdiction), if the alimony payor’s can prove that his ability to pay has decreased through no fault of his own and his realistic, reasonable prospects for getting a new job (that he can actually work and for which he is qualified and can do without having to change his life radically) that pays what his lost job pays, then a decrease or termination of alimony could (and likely would) be appropriate. To seek a reduction, the payor would need to file a petition to modify the alimony award by decreasing the amount the payor must pay.

Thanks for your question.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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