Am I permitted to request that my support payments are modified?

Many times after a divorce, a person may be ordered by the court to make payments for either child support or spousal support. There are oftentimes situations in which a person’s circumstances have changed and they can no longer afford to make these payments. If that’s the case, it is imperative that the person does not simply stop paying or pay less than they are supposed to and instead, requests that the court modifies the order to better suit their needs. If the person does just stop making these payments without permission from the court, they may find themselves in legal trouble. The court can order that the Support Collection Unit takes over to make sure wages are garnished, a lump sum is paid, or even go as far as to issue a warrant for arrest.

Some of the most commonly seen reasons for requesting modifications can include loss of employment, a costly medical illness or surgery, or a change in dependency. The court does understand that unexpected change in financial ability does happen and if you are open and honest about it, they may consider modifying your support order. On the other hand, if the person you are supposed to be making these payments to accuses you of purposefully quitting your job or being underemployed to avoid making payments, you are going to face serious issues.

If you have questions regarding whether you are eligible to have your support order modified, contact an experienced attorney who can provide you with assistance.

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.