Modification of Alimony in New York
Alimony, also known as spousal support, is a payment made by one spouse to the other after a divorce to provide financial support. However, life can be unpredictable, and sometimes the circumstances change. It’s not uncommon for either spouse to request a modification of the existing alimony agreement.
Identify a Significant Change in Circumstances
To modify your alimony agreement, you need to show a significant change in circumstances since the original judgment. The change must be significant and recognized by the court. Common examples of a significant change in circumstances include:
- a significant decline in the payer’s income or health,
- a change in the recipient’s ability to support themselves,
- a change in either party’s health conditions,
- the recipient getting a higher paying job or inheritance, or
- remarriage of the recipient.
File a Petition for Modification
Once you have identified a significant change in circumstances, you need to file a petition for modification with the court that issued the original judgment. The court will acknowledge receipt of the application and mail a copy to the other party. Once the other party receives the petition, they will have an opportunity to file a response, agree to the modification or contest it.
Attend a Hearing
If the other party contests the petition, the case will proceed to a hearing. You and your spouse will have an opportunity to present your case and evidence to show the need for or against modification. The judge will evaluate the facts presented and make a determination.
What Else Can Be Modified After a Divorce Is Finalized?
After your divorce, you can also petition to have child custody and/or child support modified. Again, you will need to prove, in both cases, that a material change in circumstances has occurred.
With child custody modification, the change in circumstances should be a change in aspects that affect the child’s welfare. It is important to note that changes in child custody can affect how much child support payments are, which party makes payments, and when payments are due.
For child support modifications, you can file for modifications if:
- there has been a substantial change in circumstances,
- three years have passed since the initial order was entered or the last modification occurred, or
- either party has experienced a 15% change in their gross income.
Discuss Your Case with Our Modification Attorneys
Backed by over 75 years of collective experience, the attorneys at the Law Office of Dennis R. Vetrano, Jr., LLC offer comprehensive legal services. We can help you build a solid case concerning spousal support modification, and we have experience in helping clients protect their legal rights and financial future.
Contact us via phone at (845) 605-4330 or through our website to schedule an initial consultation.