Subject to a court decision and common agreement, a request can be made under certain circumstances to have alimony cancelled or modified. The modification may involve increased or decreased payments.
The following factors can be pleaded by a family lawyer when this request is made:
The main criterion is a significant change in one of the former partner’s financial situation. Such a change would not be predictible at the time of the initial agreement and would impact on the capacity to make payments.
There are many examples of this, i.e. sickness, an accident, loss of employment or on the other hand, a significant increase in income, remarrying, the situation of a former partner who does not try to find work, etc.
The request is submitted to a Superior Court Judge, who makes a decision on this matter based on the facts before the court.