Is alimony modified if the payor's income decreases?

In the State of Virginia, if a payor’s income decreases, alimony can be modified. Depending on the specifics of the case, the modification can be done through direct request or via a motion. If a motion is used, the party requesting the modification must be able to show evidence of the payor’s change in income. The court may consider changes to the alimony award. For example, the payor may be able to show a decreased ability to pay existing alimony amounts, or the court may modify the payment periods or the amount of each payment. In some cases, the court may even suspend alimony payments temporarily. Moreover, any modification must be found to be equitable and reasonable after considering the circumstances of the case. In some instances, the court will not agree to modify the alimony award if the payor voluntarily decreased his/her income without presenting sufficient evidence. The court can also take the payor’s ability to pay into consideration when making a determination regarding the modification request. If the payor is successful in proving a decrease in income, the alimony obligation may be adjusted. It is important to note, however, that a modification of alimony payments does not necessarily indicate that the obligation has been completely waived or eliminated.

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Is alimony modified if the payor's income decreases?

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