Suffolk County Maintenance Lawyers
Modifications of Maintenance
You may be able to lower what you pay for maintenance, increase what you receive or have payments terminated if you are eligible for modifications to maintenance. An individual may have a substantial change in financial needs, or a change in the ability to pay which can be grounds for a post judgment modification of alimony. Do you know if you are entitled to a post judgment modification of maintenance? An experienced Suffolk County divorce attorney from the office of Kuhn & Sandler, PLLC can help you with the many questions regarding spousal support.
Suffolk County Divorce Lawyer: Modifications of Maintenance
Common reasons for maintenance modifications could include changes such as an agreement between the two parties is reached about an increase or decrease, and the court needs to approve it. A divorce decree may have a cost of living adjustment clause, (COLA clause) requiring a change in the amount being paid to the other party.
A temporary modification could be sought if the circumstances demand it, such as serious illness. This could also be sought when the party paying the support has a change in income from employment and needs to reduce the payment based on their current financial situation. In some cases, a modification could be sought when the individual paying maintenance becomes aware that the recipient's income has increased or there has been a change in circumstances where the recipient is being supported by someone else.
No changes in court ordered payments should be made without court approval. Even if you and your former spouse both agree on the change, you could be in jeopardy should your agreement change in the future and there is no written agreement or court order detailing the change. The paying spouse could be subject to a large claim of outstanding payments which will be enforced by the court.
Contact a Suffolk County spousal support attorney to help you with a modification.
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