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Modifying spousal support payments

On Behalf of | Jun 23, 2021 | Blog, Spousal Support

Every divorce is different. Sometimes the financial situation of one or both parties changes after their marriage has ended. This can mean that one party can no longer make their scheduled support payments, or it may mean that one party no longer needs them. Modifying spousal support payments is one way that former New York couples might seek to address these issues.

Maintenance payments in New York

New York has strong rules regarding maintenance payments. Even if one party has left the state, New York will still seek to enforce orders for maintenance payments. There are several circumstances when the state will modify spousal support orders. These include the end of child support payments, job loss or an inability of one former spouse to support themselves.

Divorced people who are still friendly with each other will sometimes find informal workarounds for support orders that no longer work. This could include transferring money back to the sender shortly after receiving it. However, it’s possible to formally petition the court together to seek a reduction in an award. This approach can sometimes make proceedings go more smoothly. It can also remove some of the work from the judge.

For example, a couple may present a new support arrangement they both agree to. Then, the court can simply accept it or not. Without haggling and additional hearings, a unopposed order modification can make things much less costly in terms of both time and money.

Of course, it’s still a good idea to consult an experienced lawyer before making any big changes. An attorney can help you spot pitfalls in a new, modified agreement and navigate your way around them. It’s always important to keep your interests at the forefront during the process.