When life changes, your spousal support may need to change as well. An amount that once seemed fair may not be enough now, or it could be too much to continue. Don’t worry – you may have the ability to change your current situation. Here are the steps to petition a change in spousal support.
Contact a Divorce Attorney
When looking to petition a change in spousal support, it is important to have the proper legal representation. A divorce attorney can analyze your situation and help you develop the strongest case for your modification. Additionally, your attorney can save you time by helping you file the proper paperwork and negotiating your petition with your ex-partner prior to meeting in court.
Submit Modification Petition
Once you have discussed your proposed modification with your attorney, you will need to submit a modification petition with the appropriate court. Assuming your petition is submitted within the appropriate time restrictions, the court will notify you and your ex-partner of your court date.
In order to properly file a modification petition, your situation must involve at least one of the following:
- A life-altering change has occurred in your life
- A minimum of 3 years has passed since your last modification or support order was issued
- A spouse’s income has changed by at least 15%
Even if one of the above events occurs, a spousal change will not occur automatically; you must still file a modification petition.
Present Reason to Request a Change in Spousal Support
Once at the hearing, you and your attorney will present your case to the judge. Depending on the situation, you may argue that you are no longer financially able to make payments or claim that your ex-partner no longer needs the payments. Other common reasons to request modification include:
- The paying partner endures a loss of employment or pay cut
- The paying partner experiences a sudden illness or financial hardship
- The receiving spouse remarries or is living with a new partner
- The receiving spouse is now able to support themselves
If the judge feels there is good reason, they will modify or terminate the current spousal support agreement.
Contact Our Beacon Divorce Lawyers to Discuss Your Spousal Support
Due to its financial impact, it is important to have a fair spousal support agreement. Whether you are experiencing new financial hardship or your previous spouse no longer needs the support, our Beacon divorce attorneys can help you. We have decades of combined experience analyzing clients’ financial situations, establishing improved spousal agreements, and helping them achieve beneficial outcomes. Contact the Law Office of Dennis R. Vetrano, Jr., LLC to discuss your spousal support situation.
Call us today for a free consultation to discuss your spousal support agreement – (845) 605-4330.