Modification of Spousal Support in North Dakota
In North Dakota, the modification of spousal support, also known as alimony, is governed by specific legal provisions. These provisions are outlined in the North Dakota Century Code and are applied by the courts in divorce cases.
Circumstances for Modification
According to the North Dakota Century Code, the court may modify its spousal support order under certain limitations. One such limitation is if a material change in circumstances occurs. This could potentially include a situation where the spouse receiving support starts earning more. However, the court will consider several factors before deciding on a modification.
Material Change in Circumstances
A material change in circumstances is a significant change that affects the financial needs or capabilities of either party. This could include a substantial increase in the income of the spouse receiving support. However, it’s important to note that the court will not automatically modify the spousal support order just because the recipient’s income has increased. The court will consider the overall financial situation of both parties, including their earning abilities, the duration of the marriage, the conduct of the parties during the marriage, and the financial circumstances of the parties at the time of the divorce (North Dakota Century Code).
Types of Spousal Support and Modification
There are different types of spousal support in North Dakota, and the possibility of modification depends on the type of support awarded. For instance, rehabilitative spousal support and general term spousal support may be modified if a material change in circumstances occurs. However, lump sum spousal support cannot be modified upon the filing of a judgment (North Dakota Century Code).
Procedure for Modification
To seek a modification of spousal support, the party seeking the modification must file a motion with the court. The motion should detail the material change in circumstances and explain why a modification is necessary. The other party will have an opportunity to respond, and the court may hold a hearing to consider the evidence and arguments from both sides.
Conclusion
In conclusion, it is possible to modify spousal support in North Dakota if your ex-spouse starts earning more. However, the court will consider a variety of factors before deciding to modify the support order. It’s recommended to consult with a legal professional to understand your options and the potential implications of seeking a modification.
Note: This article provides general information about the law. It does not provide legal advice. Laws and legal procedures are subject to frequent change and differing interpretations. Always consult with a lawyer for legal advice specific to your situation.