Divorce often brings considerable stress and challenges, particularly concerning financial arrangements. Alimony, also known as spousal support or maintenance, is a key component that provides financial assistance to a former spouse post-divorce. However, as life circumstances evolve, the initial alimony agreement may no longer be appropriate. Modifying alimony in New York undertaking, necessitating a clear understanding of the legal process involved. Please continue reading as we explore what you should know about these matters and how a determined Suffolk County Alimony Attorney can help protect your financial interests.
What Grounds Warrant an Alimony Modification in New York?
First and foremost, it is crucial to understand that alimony is a financial payment from one spouse to another following a split. This type of financial support is intended to help the recipient spouse maintain a similar standard of living as they had during the marriage or to support them while they become self-sufficient. Once alimony is ordered, it becomes a legally binding obligation that must be paid. Neglecting this court order can result in significant consequences.
In New York, you can typically request an alimony modification if there has been a “substantial change in circumstances.” Common grounds for modification include:
- Loss of employment or reduced income
- Illness or disability
- Retirement
- Changes in the recipient’s income
- Remarriage or cohabitation
How Do I Pursue an Alimony Modification in New York?
To determine eligibility for modifying an existing alimony order, it is advisable to consult with an experienced attorney. Generally, a modification can be sought under specific conditions: if there has been a substantial change in financial circumstances, if a minimum of three years have elapsed since the order’s finalization or last modification, or if there has been at least a 15% alteration in either spouse’s income.
An attorney can help you file a petition with the court that issued the original order, detailing a substantial change in circumstances with supporting documentation. Once you have filed your petition, you will need to serve the petition on the other spouse and attend a court hearing where the judge will decide if a modification is warranted based on the evidence and arguments presented.
It is important to note that you must continue to pay the existing alimony amount until he court has made a final decision. Failure to do so will result in various penalties.
At the Law Offices of Susan A. Kassel, P.C., we offer comprehensive legal representation and guidance for individuals in New York seeking alimony modification. We provide advice on the grounds for modification, the necessary supporting evidence, and the legal procedure involved in the modification process.
