It is not unusual for financial circumstances to change after a divorce, and Nebraska law allows for either ex-spouse to make a request for modification of support, be it a paying spouse who can no longer afford his or her support payments or a nonpaying spouse in need of additional support.
There may be a justification for modifying alimony if it can be proven that there has been a “material change in circumstances,” usually meaning there has been a substantial change in income for either party.
If your decree states that your alimony order is “unmodifiable” then it cannot be changed. Also, it cannot be modified to award alimony if it wasn’t awarded in the original decree.
A request to modify alimony for the purpose of seeking additional alimony also cannot be filed if the time for payment of alimony allowed under your original decree has passed.
If you or your spouse has had a material change in circumstances, you may seek to have alimony modified. Some examples of those kind of changes in circumstance can include serious illness or the loss of a job.
If you think you have a basis to modify your alimony, contact Koenig Dunne today to discuss your modification options.
