Can an alimony award be modified if the recipient's income increases?
In Delaware, an alimony award can be modified if the recipient’s income increases. That said, the alimony award can only be modified for as long as the original court order stands, and any modifications must be made according to the same court order. This means that the court order itself must provide for modification of the alimony award if the recipient’s income increases. If the original court order does not provide for this possibility, then the recipient cannot request a modification. If the court order does provide for this possibility, then the recipient will need to demonstrate that his or her income has increased. Proof of this increase may come in the form of payroll stubs, income tax returns, bank statements, or other documents that show the difference. In Delaware, the court will look at many factors when determining if a modification is appropriate. These include the length of the marriage, the age and health of both parties, the standard of living during the marriage, and the potential for the recipient to become self-sufficient. The court will also look at each party’s earning capacity and their financial resources. Ultimately, the purpose of alimony modification is to ensure that the alimony award remains fair. If the recipient’s income increases and a modification is necessary, the court will take all of the relevant factors into consideration to make sure that the alimony award is still fair.
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