Is alimony modified if the payor's income decreases?

In Hawai‘i, alimony can be modified if the paying partner’s income decreases. This is called “modification of alimony.” Hawai‘i has certain criteria that must be met in order to be eligible for a modification of alimony. The criteria include: a significant change in either or both spouses’ financial circumstances, an increase or decrease in the payer’s income, and an increase or decrease in the payee’s income. When seeking modification, the court must consider a variety of factors, including the impact of the payee’s needs on the payer’s ability to pay. The court may also consider any other changes that have occurred in the circumstances of either spouse since the granting of a final decree of divorce or legal separation. The court may also consider the length of marriage, the age, health, and employment prospects of the spouses, the expectation of inheritances, and other sources of income. When a court approves a modification due to a decrease in income, the payor’s financial situation is taken into consideration in determining the amount of alimony. If the court determines that the payor’s income decreased significantly, the court may modify the amount of alimony to be paid. The payor’s financial condition will also be taken into account when determining if alimony should be paid at all. In Hawai‘i, alimony modifications can be made if there is a significant decrease in the paying partner’s income. The court can consider a variety of factors when deciding if a modification is appropriate and the amount of alimony that should be paid.

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