New York Alimony Modifications Lawyer

Divorce cases happen frequently, and one of the former spouses often pays the other periodically or permanently as ordered by the New York family law. The amount spent depends on the estimated amount of the agreement between the two parties. Periodic alimony is established where the spouse remains ordered to pay a dependent spouse for a specified period, while permanent alimony is where the spouse supports until the other remarries or dies.

Alimony Modifications and Legal Considerations

There sometimes exist some situations where the alimony modifications occur between couples or child safekeeping or alterations to the child support agreement. Concerning such improvements, it is recommended that you contact a professional New York modifications attorney to give details on the considerations the court may put in place to decide whether changes are necessary. Modifying alimony can only be viable with legal justifications and partners who will ensure that any support order is similarly hand in hand with New York Domestic Relations Law and your financial status.

Legal Actions on Spousal Alimony Payment

Divorce trials may end up with either party requesting alimony. Under Article 13, section 236, New York Domestic Relations law suggests that a court has the right to determine support payments from a supporting spouse to a dependent spouse. More so, either party has a right to file a petition to oppose or request more pay from a dependent or a supporting spouse, respectively.

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Legal Scenario: What Would You Do?

Scenario

After losing his executive position and taking a significant pay cut, Marcus has been struggling to keep up with the $4,500 monthly alimony payments established in his divorce three years ago. His ex-wife's attorney has threatened contempt proceedings if he misses another payment, even though Marcus now earns less than half of what he made when the original order was issued.

Can I get my alimony payments reduced now that my income has dropped substantially, and how do I protect myself from contempt charges while the modification is pending?

Attorney's Answer

Under New York Domestic Relations Law § 236(B)(9)(b), you can petition the court for a downward modification of maintenance if you can demonstrate a substantial change in circumstances, such as an involuntary loss of income. The court will evaluate factors including the length of the marriage, both parties' current financial situations, and whether your income reduction was made in good faith rather than to avoid the obligation. Filing the modification petition promptly is critical because courts generally will not grant retroactive reductions for payments that were already due before your filing date. I would recommend filing immediately and simultaneously requesting a temporary reduction order to protect you from contempt while the court reviews your case.

This is general information only. Contact us for advice specific to your situation.

Laws Governing Family Rights

There exist laws that govern the legal systems of New York under family rights. In cases of divorce and problems of children adoption or assets or business division between couples, these laws under legal justifications support each spouse. New York family laws involve NY Adoption Laws, NY Stalking Laws, NY Protective Order Laws, and many others. Other law articles also explain family laws more, guaranteeing total protection of family rights.

Reasons for Alimony Order Changes