Las Vegas Alimony Modification Lawyers
Modification of Alimony Attorneys, With Years of Experience
Serving Clark County and the areas of Las Vegas, Laughlin, North Las Vegas, Henderson, Overton, Moapa Valley, and Mesquite
One of the most contested issues in any divorce case is alimony or spousal support. Many people do not realize that even after the divorce is granted and the order is signed, one party can go back to request that the court modifies an order of alimony. The court will not consider the request, however, without a showing that a substantial change in circumstances has occurred.
If you need to file for a modification of alimony or defend against such an action, then contact the experienced family law attorneys at Mills & Anderson. We represent clients on alimony modification actions throughout Clark County, including Las Vegas, Henderson, and North Las Vegas, Nevada.
Factors for Alimony Modifications in Nevada
For specified periodic payment of alimony set out in a decree of divorce or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, the decree or agreement is not generally subject to modification by the court as to accrued payments. If the alimony payments have not accrued at the time a motion for modification is filed, however, then the Court could modify those alimony payments upon a showing of changed circumstances.
The modification of unaccrued alimony payments is possible, regardless of whether the Court has expressly retained jurisdiction for the modification. A request to have an alimony or spousal support payments modified based on changed circumstances is brought under NRS 125.150(7).
The court will consider a host of different factors when considering whether to modify an award of alimony previously ordered. The Court must consider “whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay.” NRS 125.150(7).
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Substantial Changes of Circumstances for Alimony Modifications
Filing for a reduction of downward modification of alimony requires a showing that a substantial change of circumstances has occurred. NRS 125.210(10) provides that a “change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony.”
The term “gross monthly income” is defined in NRS 125B.070. Under NRS 125B.070, the term “gross monthly income” means the total amount of income received each month from any source of a person who is not self-employed or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.
Limitations on Alimony Modifications
The request to modify the alimony amount must be based upon a substantial change in circumstances of one or both of the parties. Even with such a showing, the court in Las Vegas, Nevada, may find that this remedy is not available if the divorce decree specifically states that the alimony payments could not be modified under any circumstances. See Gilman v. Gilman, 114 Nev. 416, 426, 956 P.2d 761, 767 (1998) (holding that because the parties’ divorce decree included a specific provision regarding modification, the court would presume that they intended that provision, rather than the general changed circumstances doctrine, to apply).
Additional Resources
NRS 125.150 for Subsequent Modification of Alimony – Visit the website if the Nevada Legislature to read the statutory language contained in NRS 125.150(7). The statute provides for the subsequent modification of an alimony award by the court for payments that have no yet acquired. The statute states that “in addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay.”
Finding an Attorney for Alimony Modifications in Las Vegas, Nevada
If you need to go back to court to request a modification of alimony or to defend against such an action then contact one of our experienced attorneys. We know the factors the judge will use to decide these types of cases. We represent clients in a variety of modification actions including the modification of alimony, child support, or child custody. Our attorneys work hard to reach an agreement with the other side to avoid litigation.
The Right Time to Act Is Now
Every choice you make today affects your tomorrow. When you work with a Law Vegas family law lawyer at Mills & Anderson, you have a trusted team ready to stand with you and move your case forward.
Call (725) 999-6468 today. Let us put our experience to work for you.
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Hear From the Families We’ve Helped
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“His integrity and morals are exemplarily. Mr. Anderson is extremely knowledgeable of the law. He is prepared and fights for his clients. Mr. Anderson has always kept me informed as to the progress of my case.”Jodi
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“Dan is the consummate professional with a deep background in contractual law. His steady manner guided me through the process and he never wavered even during times when I was a bit emotional.”Charles
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Meresa B.
Had a great experience when working with Byron Mills during both of our hearings and everything leading up to it. His staff was very attentive and quick to respond to any questions or concerns we had. Would highly recommend Mills and Anderson!
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“Going through a divorce is a very difficult process and they managed to make it a smooth transition for me. I felt so comfortable and their communication skills are excellent. Whenever I called or emailed I received a prompt response.”Marjaana M.
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“He was well prepared to discuss our situation and had reviewed all the materials I had sent him in advance. He was also very accommodating as the issue was time sensitive.”Ryan L.
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Mills and Anderson family law is excellent, including his staff, especially Mary O'Donnell. We have an adoption case with them and we got granted just over a month. Thank you very much for all of you!Maung S.
