New York Alimony Modifications Lawyer
Alimony, or spousal maintenance, is awarded in some New York divorce cases. If a divorce decree includes an order for alimony payments, there may come a time at which the need exists to seek a modification of what is being paid for spousal maintenance.
There at some basic facts that you need to bear in mind when it comes to modifying an alimony or spousal maintenance order. In addition, you need to understand the modifying an alimony order can prove to be a complicated task. Therefore, in addition to familiarizing yourself with some essential facts associated with this type of issue, you need to appreciate the importance of retaining the services of a skilled, experienced New York alimony modifications lawyer.
Increase Amount Paid in Alimony
One type of post-divorce alimony modification that is virtually impossible to obtain is an increase in the amount paid for spousal maintenance. As a general rule, when a court issues an order for alimony or spousal maintenance in divorce case, that truly is a final decision.
Increasing the amount paid in alimony following the issuance of a final divorce decree may be a possibility if the person ordered to pay provided false information in financial disclosures during the course of divorce proceedings in an effort to limit his or her liability when it came to issues like alimony or spousal maintenance.
Common Reason to Seek an Alimony Modification: Remarriage
Noting what is likely not possible when it comes to alimony modification, there are some more common circumstances that can give rise to a change in an existing spousal maintenance order. Perhaps the most common of these changes involves the party receiving alimony remarrying or cohabitating. When a person receiving alimony remarries, that nearly always terminates the obligation of the party paying spousal support to continue with that financial obligation.
In many instances, cohabitating with an intimate partner will have the same effect. That type of relationship will result in a termination of the spousal maintenance obligation.
The only real exception to a termination of alimony upon the remarriage of the person receiving the payment is if the settlement agreement between the parties to a divorce, or a divorce decree, requires the payments to continue even after remarriage.
Other Common Reasons for an Alimony Modification
There are three potential reasons that may cause the person paying alimony to be able to obtain a modification of the existing spousal maintenance order. These changes in the life circumstances of a person with an obligation to pay alimony do not automatically result in a modification.
Perhaps the most compelling reason that can exist that results in person with an obligation to pay alimony is if that individual develops a serious health problem. This would be a health issue that impacts that individual’s ability to make a living.
Other potential, and more common, reasons why a person with an alimony obligation may be able to seek an alteration in an existing spousal maintenance order would be a loss of a job or an unexpected pay cut. In these two types of situations, a person may be able to obtain an alteration in the amount paid on a recurring basis. However, the obligation will continue to accrue with the idea that if his or her employment situation improves, he or she will be able to make up the amounts not paid through leave of the court through a payment modification.
A New York alimony modifications lawyer can provide you the legal assistance if you are in need of assistance with your spousal maintenance order from your divorce case. Typically, a New York alimony modifications lawyer charges not fee for an initial consultation about this type of matter.