Requesting a raise in spousal support payments

On Behalf of | Aug 15, 2024 | Spousal Maintenance

If you receive spousal support in Indiana and your financial needs have changed, you might consider requesting an increase. Understanding when and how to ask for a raise in spousal support can help ensure that your financial needs are met effectively. 

Factors that justify a maintenance increase

Several circumstances might justify modifying spousal maintenance after a divorce. Significant changes in your financial needs or the paying party’s ability to pay are common reasons. 

For instance, if you experience a serious illness or disability that increases your living costs, or if the person paying maintenance has a substantial increase in income, you might consider requesting an adjustment.

How to request a maintenance increase

Requesting an increase in spousal maintenance involves a formal process. You must prove that a substantial and continuous change in circumstances has made the original agreement unreasonable. In Indiana, this typically requires filing a petition with the court that issued the original maintenance order.

Consider the timing of your request

Timing can be crucial when asking for an increase. It’s wise to file a petition as soon as the change in circumstances occurs. Waiting too long can not only make it harder to adjust but can also affect the urgency and legitimacy of your request in the eyes of the court.

Impact of an increase on both parties

Consider how an increase might affect both parties financially. It’s important to approach this decision with a clear understanding of both your needs and the other person’s capacity to meet the new demand. A fair adjustment balances the needs and abilities of both parties involved.

Asking for an increase in spousal maintenance in Indiana requires careful consideration and a good understanding of both your situation and the legal process. If you believe your circumstances warrant a modification, gathering the right information and making a timely request can help you achieve a fair outcome.