Spousal Support / Alimony Modification

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

FAMILY COURT — DOMESTIC RELATIONS BRANCH

Case No.: [____________]

Date: [__/__/____]

MOTION TO MODIFY OR TERMINATE ALIMONY (SPOUSAL SUPPORT)

(D.C. Code §§ 16-913, 16-914.01)

TABLE OF CONTENTS

1. Jurisdiction and Venue
2. The Existing Alimony Order
3. Modifiability of the Award
4. Standard for Modification
5. Substantial and Material Change in Circumstances (Grounds)
6. Termination Events
7. Relief Requested
8. Financial Statement
9. Verification and Certifications
10. Prayer for Relief
11. Proposed Order
12. Certificate of Service
13. Exhibits

1. JURISDICTION AND VENUE

1.1 This Court entered the judgment of absolute divorce (or legal separation) in this matter and retains jurisdiction over the award of alimony pursuant to D.C. Code § 16-914.01.

1.2 Venue in the Superior Court of the District of Columbia, Family Court, is proper because the matter was adjudicated in this Court.

1.3 The Movant is the [Plaintiff ☐ Defendant ☐] and is the [Obligor (payor) ☐ Obligee (recipient) ☐] under the existing alimony order.

2. THE EXISTING ALIMONY ORDER

2.1 On [__/__/____], the Court ordered [the Obligor] to pay alimony to [the Obligee] in the amount of $[____________] per [month ☐ other: ____________].

2.2 The alimony was awarded as [indefinite ☐ term-limited (rehabilitative) ☐] under D.C. Code § 16-913(b) and is payable [through __/__/____ ☐ until further order of the Court ☐].

2.3 At the time of the order, the Obligor's income was approximately $[____________] and the Obligee's was approximately $[____________].

2.4 A copy of the Judgment and Decree and the alimony order is attached as Exhibit A.

3. MODIFIABILITY OF THE AWARD

3.1 The existing alimony award [is modifiable (the Court retains jurisdiction) ☐ was made non-modifiable by written agreement of the parties: [________________________________] ☐].

4. STANDARD FOR MODIFICATION

4.1 To modify an alimony award in the District of Columbia, the moving party must demonstrate a substantial and material change in circumstances since the entry of the last order affecting the financial need of the recipient or the ability of the payor to pay.

4.2 In evaluating the award, the Court considers the factors set forth in D.C. Code § 16-913(d), including: the ability of the party seeking alimony to be wholly or partly self-supporting; the time necessary to gain education or training for suitable employment; the marital standard of living (giving consideration to two households); the duration of the marriage; circumstances contributing to the estrangement of the parties (including any history of abuse); the age of each party; the physical and mental condition of each party; the ability of the payor to meet his or her needs while meeting the needs of the other party; and the financial needs and resources of each party (including income, income from assets, imputed income, prior child support awards, financial obligations, retirement benefits, and taxability of income).

5. SUBSTANTIAL AND MATERIAL CHANGE IN CIRCUMSTANCES (GROUNDS)

5.1 A substantial and material change in circumstances has occurred. The Movant relies on the following ground(s):

☐ Obligor's income decreased. The Obligor's income decreased from $[____________] to $[____________] due to [involuntary job loss / reduced hours / business decline / disability / other: ____________].

☐ Obligor's income increased. The Obligor's income increased from $[____________] to $[____________].

☐ Obligee became self-supporting. The Obligee has obtained employment / completed education or training and now earns approximately $[____________], reducing or eliminating the need for support.

☐ Obligee's increased need. The Obligee's reasonable needs have materially increased due to [serious illness / disability / loss of employment through no fault / other: ____________].

☐ Retirement. The Obligor has retired or reached normal retirement age (age [____]) in good faith, materially reducing income and ability to pay.

☐ Other substantial and material change: [________________________________].

5.2 The change is genuine and not contrived or voluntarily created to avoid the support obligation, and was not contemplated at the time of the existing order.

6. TERMINATION EVENTS

6.1 ☐ Death. The duty to pay future alimony terminated upon the death of [the Obligor ☐ the Obligee ☐] on [__/__/____].

6.2 ☐ Remarriage / supportive relationship. The Obligee [remarried ☐ entered a supportive cohabitation relationship ☐] on or about [__/__/____], materially reducing or eliminating the need for support. Specifically: [____________].

6.3 ☐ Agreement-defined terminating event. The decree or agreement provides that alimony terminates upon [________________________________], and that event has occurred.

7. RELIEF REQUESTED

The Movant requests that the Court:

☐ DECREASE alimony to $[____________] per month, effective [__/__/____].

☐ INCREASE alimony to $[____________] per month, effective [__/__/____].

☐ SUSPEND alimony pending [____________].

☐ TERMINATE alimony effective [__/__/____].

☐ Award costs, fees, and such other relief as the Court deems just.

8. FINANCIAL STATEMENT

8.1 A current, sworn financial statement reflecting the Movant's present income, expenses, assets, and liabilities is filed contemporaneously with this Motion and incorporated by reference.

8.2 The Movant requests that the opposing party be ordered to file a current financial statement.

9. VERIFICATION AND CERTIFICATIONS

I, [____________________], the Movant, declare under penalty of perjury under the laws of the District of Columbia that the factual statements in this Motion and in my financial statement are true and correct to the best of my knowledge, information, and belief.

_______________________________ Date: [__/__/____]
[Movant Signature] / [Printed Name]

10. PRAYER FOR RELIEF

WHEREFORE, the Movant respectfully requests that this Court:

A. Find a substantial and material change in circumstances (and/or that a terminating event has occurred);

B. Modify, suspend, decrease, increase, or terminate the alimony order as set forth in Section 7;

C. Enter such effective date as is permitted by law and equity; and

D. Grant such further relief as the Court deems just.

11. PROPOSED ORDER

UPON CONSIDERATION of the Motion, any opposition, and the record, it is this [____] day of [____________], [____], ORDERED that the alimony order entered [__/__/____] is [modified ☐ suspended ☐ terminated ☐] as follows: [________________________________], effective [__/__/____].

_______________________________
Judge, Superior Court of the District of Columbia

12. CERTIFICATE OF SERVICE

I certify that a copy of this Motion, the financial statement, and exhibits was served on the opposing party (or counsel of record) at the address below in accordance with the Superior Court Domestic Relations Rules on [__/__/____]:

[Opposing Party / Attorney]
[Address]

_______________________________
[Movant / Attorney]
[Printed Name and D.C. Bar No., if attorney]
[Firm Name] | [Address] | Tel: [____________]

13. EXHIBITS

• Exhibit A – Judgment and Decree and existing alimony order
• Exhibit B – Movant's financial statement
• Exhibit C – Proof of income (paystubs / W-2s / tax returns)
• Exhibit D – Documentation of changed circumstances or termination event

Sources and References

• D.C. Code § 16-913 — Alimony: https://code.dccouncil.gov/us/dc/council/code/sections/16-913
• D.C. Code § 16-914.01 — Retention of jurisdiction as to alimony, custody, and child support (Domestic Relations Laws Clarification Act of 2002): https://code.dccouncil.gov/us/dc/council/code/titles/16/chapters/9/
• D.C. Code § 16-911 — Pendente lite relief: https://law.justia.com/codes/district-of-columbia/2012/division-ii/title-16/chapter-9/section-16-911.html
• D.C. Superior Court, Family Court (forms and procedures): https://www.dccourts.gov/services/family-court

This template is intended for use by, or under the supervision of, a licensed District of Columbia attorney. Review all facts, exhibits, and local rules before filing.