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2435 Route 6, 2nd Floor | Brewster, New York 10509
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Modification of Spousal Maintenance and Child Support in a NY Divorce?

Brewster law firm helps clients with modification of spousal maintenance and child support

Hardworking attorneys advocate for New York residents in modification petitions

Attorney Kevin Brown New York Family Law Attorney; Divorce Lawyer, NY versus CT; Divorce Counsel Fee Awards; Spousal Maintenance; Property Division; Mediation and Arbitration; Child Custody; equitable distribution; distribution of property and assets

Attorney Kevin C. Brown

Changing situations following divorce may justify modifications to spousal maintenance or child support terms. The family lawyers at Needle | Cuda, located in Brewster, help clients with alimony and support modification requests when there are substantial financial losses or gains or other life circumstances that warrant changing terms. We have an extensive background achieving successful outcomes in modification requests.

Modification of spousal maintenance

There are two general types of spousal maintenance, or alimony, in New York. Post-divorce maintenance is awarded as part of the divorce decree but, sometimes following divorce, the paying or receiving party may wish to request a modification, down or up, to how much is paid or received. They may also ask for other terms of the order to be changed, such as how long maintenance will be paid. To modify a maintenance order:

  • There must have been a substantial change in circumstances, such as the paying spouse losing a job or suffering a serious illness or the receiving spouse cohabitating or becoming financially self-sufficient
  • If maintenance is paid on an agreement between you and your former spouse, however, only a showing of extreme hardship will permit a cant to modify the maintenance obligation.

We will assess your changed situation to determine whether you may be eligible for a modification. If you have a strong case and your former spouse does not agree to the adjustment, we will file the petition on your behalf and present the evidence of your substantial change in circumstances to the court.

Post Judgment Modification of child support

Circumstances under which the court may change a child support order include the following:

  • A substantial change in financial circumstances for either parent or a substantial change in expenses for raising the child
  • An involuntary decrease by 15 percent or more (or increase) to gross income since the original order or previous modification was issued
  • Three years have gone by since the last order or change to an order, which allows judges to review the parents’ current incomes and recalculate support

Our attorneys will help you develop your request for a change in the most favorable way possible when your financial situation requires a modification to child support.

Types of evidence needed to show the judge a change in circumstances in Post Judgment Modification

You will need to show documented evidence of why a modification is necessary when you request one. You can help prove that your financial circumstances have changed by evidence that could include:

  • A letter of termination if you involuntarily lost your job
  • Medical records if you have become disabled due to illness or injury
  • Pay stubs showing a decrease or increase in income
  • Bills that highlight that your childcare costs have increased or decreased

Your ex will also have the right to dispute your modification request. If they come to the hearing to do so, we will advocate strongly for your interests in front of the judge.

Contact a responsive New York law firm for help with the modification of court orders following divorce

The knowledgeable family lawyers at Needle | Cuda in Brewster petition the court for modifications to child custody and spousal support orders for clients in New York who experience substantial changes in financial and other circumstances following divorce. To schedule a consultation, call 203-557-9500 or contact us online.

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