Can alimony be altered or revoked?
In North Dakota, alimony awards can be altered or revoked. As with any legal matter, there are certain criteria that must be met before a judge will hear a motion to alter or revoke alimony. First, the person seeking to alter or revoke alimony must have proof that there has been a substantial and material change in circumstances that affects the need for alimony or the ability to pay it. For example, if the alimony recipient has become financially independent and no longer needs alimony, or if the payer’s financial situation has changed and they are no longer able to afford alimony, then a motion to alter or revoke alimony could be considered. In addition, if the alimony recipient has remarried or entered into a cohabitating relationship, then there can be grounds to alter or revoke alimony payments. It is important to note that when alimony is revoked, the payments are not reversible. The court can grant a lump sum payment in lieu of ongoing alimony, but it cannot order payments to restart once they have been stopped. If a motion to alter or revoke alimony is approved, the alteration or revocation of alimony is legally binding and the same court that issued the original alimony order must also issue the new order. It is important to note that any changes to alimony must be approved by the court.
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