How Can I Increase Rehabilitative Alimony Payments in Tennessee?

You were successfully awarded rehabilitative alimony in a Memphis, Tennessee, divorce. But now it’s apparent that the amount is insufficient to achieve the desired objectives.

How to increase Tennessee rehabilitative alimony payments

Do you need more cash to accomplish the goals of a rehab alimony award? How do you go about asking the court to squeeze more money from your former spouse? You may want to start by discussing alimony modification with a knowledgeable family lawyer. So you are better prepared for that meeting, read about Tennessee Alimony Modification Law | How to Modify Alimony in TN.

In the meantime, take a look at the following requirements for the modification of rehabilitative alimony.

How to Modify TN Rehab Alimony

Ordinarily, the court retains continuing jurisdiction over your award of alimony (the exception being alimony in solido which is not modifiable). This means that, if you believe the facts necessitate greater payments, you may go back to the judge and ask that he or she consider changing the amount your spouse is obligated to pay in spousal support.

Assuming you wish to increase the amount of rehabilitative alimony, you will need to prove that “all reasonable efforts at rehabilitation have been made and have been unsuccessful.” T.C.A. § 36-5-121(e)(1). Furthermore, any modification must be based upon evidence showing a substantial and material change in your circumstances since the date the original order was entered.

Consider this example:  Husband was ordered to pay rehabilitative alimony to his wife to cover her community college nursing program tuition. One full year into the two-year program, however, she realizes how ill-suited she is to a career in nursing (something her academic record reflects despite her best efforts and private tutoring). She has decided to study computer web design at the university instead and has already been accepted into that program. However, because her medical coursework will not transfer to the computer degree, she will have to start over. Furthermore, her tuition at the university is more per credit hour than what she paid at the community college. To continue with her education, she believes that additional support from her ex-husband will be necessary.

Keep in mind that what is a substantial and material change of circumstances will depend upon the facts of each individual case. In the example above, the ex-wife’s desire to pursue a different degree program – one that she has a better aptitude for – could persuade the court to modify the original alimony order. The long-term objective of the original award being to allow her (as the economically disadvantaged spouse in the divorce) to become financially independent.

Be aware that even rehabilitative alimony may be made non-modifiable by separation agreement as part of the parties’ divorce. In that instance, seek competent legal advice from an alimony modification lawyer to learn what, if any, options remain available to you.

Alimony Modification Lawyer in Memphis

To learn more, read Tennessee Alimony Law in Divorce | Answers to FAQs. Also, for legal updates, news, analysis, and commentary, see our Tennessee Family Law Blog and its Alimony category. A Memphis divorce lawyer from the Miles Mason Family Law Group can help. To schedule your confidential consultation, call us today at (901) 683-1850.