Inflation’s Impact on Your New Family
I have recently received a flood of calls over the recent spike in inflation rates and its impact on both child support and alimony. Today, inflation in the U.S. is at a near record rate, making the price of necessities, like gas, clothing and food more expensive than ever. This can immediately impact your ability to live, especially when your salary hasn’t caught up with these high prices.
Fortunately, Florida family law recognizes the effect rising inflation has on your ability to both look after yourself and your family. In Florida, parents receiving child support can petition for a change in the amount of money they receive from the other parent when certain changes in circumstances increase or decrease child support by more than either 15% or $50. Things like job losses, job cuts or gains and reductions in your salary have all been recognized by Florida courts as reasons justifying petitioning to alter support. Courts have also found inflation’s impact on the cost of raising a child as reason requiring the alteration of your child support award.
Florida courts have also found that in certain circumstances, the impact of inflation can create a justification to alter alimony. However, it is incumbent upon the party seeking the modification to not simply prove inflation has had an impact on their life, but that such impacts are affecting their ability to pay for reasonable daily living expenses. Lifestyle changes, like the inability to hire a live-in maid or go on vacation, are not the kind of “dire needs” inflations impact upon which will necessitate the altering of alimony. See Silverman v. Silverman, 89 So. 3d 974 (Fla. 3rd DCA 2012).
So, if you find the effects of inflation are making it impossible to buy groceries, pay your mortgage/rent or get to work to earn a living, modification of alimony may be available. But I urge you to seek out the advice and counsel of a good attorney on this matter. What you may think is a necessity may not necessarily be what the court will think is a necessity. Call our office and make an appointment to discuss your individual case as soon as possible. We’re here to help.