Increase in Alimony — Expert Law Firm

Increase in Alimony — What It Is and How Our Law Firm Can Help

Alimony is a monetary payment determined in legal proceedings to support the basic living needs of children or a spouse. When significant economic circumstances change — such as an increase in income, changes in children's needs, or changes in living expenses — there is a legal right to file a request for an increase in alimony. A law firm specializing in family law, such as our office in Ramat Gan, places at your disposal years of experience in initiating such proceedings in family courts throughout the country.

The alimony increase process is not straightforward and requires a deep understanding of the Spousal Agreements Law (1953), the Child Protection Law (1992), and current case law of the courts. Our office provides personal guidance and strategic thinking at every stage: from gathering financial evidence and analyzing your personal situation, through filing the claim, to managing negotiations or presenting the case in court.

When Is It Advisable to File a Request for Increase in Alimony?

Generally, a request for an increase in alimony is appropriate when:

• The obligor's income has increased significantly — for example, receiving a bonus, promotion at work, or starting a new business that generated additional income.
• The children's needs have grown — such as special education expenses, medical treatments, educational or cultural activities that were not anticipated at the time of the original determination.
• The obligor's financial situation has changed — for example, taking out a large mortgage or substantial expenses that affected the ability to pay.
• A considerable period of time has passed — according to prevailing case law in the courts, a substantial and material change in circumstances is generally required, not a minor or temporary change.

A boutique law firm like ours will help you assess the strength of your arguments and determine whether this is the right time to file a request.

Legal Fees in Alimony Increase Proceedings

Legal fees are a payment imposed on the losing party in legal proceedings to cover part of the legal costs of the prevailing party. In alimony increase proceedings, the court may impose legal fees on the losing party — typically the obligor if they lose the request, or the petitioner if the request is dismissed without reasonable legal basis.

The imposition of legal fees is not automatic; the court considers the circumstances, the parties' conduct during the proceedings, the merits of the claims, and the financial ability of each party. In family proceedings, courts tend to be conservative in imposing full legal fees, but may impose substantial amounts in cases where the losing party acted in bad faith or with malice.

Our office advises you on your chances of receiving legal fees and the expected amount, as well as the risk of having legal fees imposed against you in case of loss. This is an important part of the strategic planning of the proceedings.

Process of Increasing Alimony in the Family Court

The process of increasing alimony begins with filing a petition to the Family Court in the jurisdiction where the parties reside or where the alimony was originally set. The petition must contain a clear description of the change in circumstances, financial evidence (such as salary statements, tax reports, bank certificates), and documentation of new or changing needs.

Stages of the Procedure

• Filing the Petition and Declaration — Filing a formal petition with a declaration under oath detailing the change in circumstances. Our firm ensures precise wording to verify that all claims are supported by evidence.
• Notice to the Other Party — The other party receives a copy of the petition and has the right to respond with their own declaration within a time frame set by the court (usually 30 days).
• Negotiation and Settlement — In many cases, the parties are encouraged to engage in direct discussion or through their respective attorneys to reach a modified agreement. This saves time and money, and typically also reduces emotional stress.
• Court Hearing — If no agreement is reached, the court schedules a hearing where the parties can present evidence, testify, and argue their claims. Our firm represents you at the hearing, presenting your case in a strong and persuasive manner.
• Court Judgment — The court issues a judgment determining the new alimony amount, its effective date, and related issues such as attorney's fees.

The duration of the procedure depends on its complexity, the parties' willingness to agree, and the court's docket. Generally, an orderly procedure may take between 6 months and a year and a half.

Evidence and Legal Materials

For the purpose of an alimony increase procedure, you will need to present:

• Current salary statements and tax reports (Form 106, annual income report).
• Bank certificates showing cash flow and savings.
• Documentation of new or changing expenses (invoices, price quotations, medical certificates).
• Proof of job promotion, new employment contract, or evidence of starting a business.
• In cases of new needs of children: school invoices, medical treatment receipts, or a letter from a physician.

Our firm helps you collect and organize all necessary materials and ensures their accurate presentation in the declaration to build a persuasive case.

Defense Against a Petition to Increase Alimony

If you are the obligor and a petition to increase alimony has been filed against you, you have the right to defend yourself. The defense may include:

• Challenging the Change in Circumstances — Arguing that there was no substantial change in income or needs.
• Proof of Financial Difficulties — Presenting evidence that your income has decreased or your expenses have increased significantly.
• Challenging the Alimony Calculation — Arguing that the proposed alimony exceeds the legal norm or your ability to pay.

Our firm also represents parties defending against petitions to increase alimony and develops a strong defense strategy tailored to your circumstances.

Comparison of Scenarios and Alimony Ranges

The amount of alimony is determined according to a legal formula that takes into account the obligor's income, the recipient's needs (usually children), and the obligor's ability to pay. Below is a table demonstrating various scenarios and typical alimony ranges:

Note: The ranges above are estimates only and are based on norms applied by the courts. The actual amount of alimony depends on specific circumstances, the actual needs of the children, the financial situation of both parents, and the judge's discretion. Our firm will provide you with an accurate calculation based on your details.

Factors Affecting Alimony Amount

• Actual Income — including salary, bonuses, dividends, business income, rental income, and any other source of income.
• Children's Needs — education, healthcare, housing, maintenance, educational and social activities.
• Custody and Time with Each Parent — if custody is equally divided, alimony may be lower.
• Financial Capacity of Both Parents — the court examines the income of both parents to ensure fairness.
• General Expenses — mortgage, loans, insurance, etc., but with caution: courts are not willing to reduce alimony due to the obligor's financial choices.

Why Choose Roziel Amir Law Firm?

Our firm is a boutique law firm specializing in family law, divorce, financial agreements, wills and inheritances, and real estate in Ramat Gan. Over the years, we have handled dozens of alimony increase proceedings, persuading the court of our arguments and achieving favorable results for our clients.

Deep Legal Experience: Attorney Roziel Amir holds years of experience in family law and proceedings in family courts. We follow current case law, changes in legislation, and trends in judicial decisions to ensure that our advice is up-to-date and strong.

Personal Accompaniment and Strategic Thinking: We are not lawyers who rest on technical execution. Each client receives personal accompaniment, in-depth discussion of their circumstances, and strategic planning tailored to their unique needs.

Discretion and Privacy: A boutique firm, by definition, handles a small number of clients at any given time. This allows us to dedicate time and attention, and maintain absolute discretion regarding sensitive matters of family and finances.

Convincing Results: We are proud of our results. Proceedings we have guided have yielded significant alimony increases, fair agreements, and strong evidence in court.

If you are looking for strong legal advice in alimony increase proceedings, we are here to help.