Life changes happen all the time, whether from career shifts, fluctuations in income, health issues, etc. When circumstances change significantly after a divorce, your alimony agreement may no longer make sense or be financially reasonable. In New York, you can modify your spousal support order, but doing so requires specific legal standards to be met. For more information and to secure the help of an experienced legal professional, continue reading and contact a Suffolk County divorce modification lawyer today.
What is Spousal Support?
Spousal support, also known as alimony or spousal maintenance, is financial assistance that one spouse pays to the other during or after a divorce. This financial support is designed to help a lower-earning spouse maintain economic stability and transition toward self-sufficiency, or reimburse one party for contributions made during the marriage.
Why Would an Alimony Order Be Changed?
Only certain situations qualify for spousal support modification. There must be a change in circumstances significant enough to require an adjustment of the previous terms. Examples of situations that may warrant a change include:
- Loss of income or employment
- The development of a serious health issue or disability
- Retirement
- Increased income of the receiving spouse
- Remarriage or cohabitation of the receiving spouse
Either the paying or receiving spouse can request an increase or decrease in spousal support depending on the specific circumstances of the situation. However, a judge will only approve a modification if there is a valid reason that one is needed.
How Can I Modify My Spousal Support Order in NY?
If you want to modify your spousal support order in New York, you must formally request a modification through the Family Court or Supreme Court, depending on where your divorce was finalized. The petition should include the reason why you are requesting a modification and explain the substantial change in circumstances that warrants an alteration of the previous order.
Evidence is required to prove your change in circumstances. Relevant documents can include:
- Recent tax returns
- Pay stubs or proof of income
- Medical records
- Proof of job search efforts
- Bank or credit card statements
When petitioning the court for a modification, it is crucial that you file all paperwork correctly, provide strong supporting evidence, and avoid making mistakes that could delay or harm your case. Your former spouse will be given the opportunity to respond to your request and provide their own information if they disagree with the petition.
You can file for spousal support modification on your own through the NY Courts website or with the help of a legal professional. It is highly recommended that you consult with a skilled attorney when petitioning for a change to your alimony order. Reach out to an experienced lawyer today for more information.
