Modification of Maintenance
Maintenance Modification Attorney in Suffolk and Nassau County
By J. Douglas Barics
An order of support is always subject to being modified. If you are paying or receiving spousal maintenance, the amount of support may be adjusted upwards or downwards or even terminated. If any of the following circumstances apply to you, a modification may be warranted.
- The spouse receiving the support is unable to be self supporting
- A substantial change of circumstances
- Financial hardship
- Full or partial retirement of the spouse paying the support provided the retirement is a substantial change of circumstances
The first step in reviewing any request to modify maintenance is to determine whether the maintenance was made after a hearing or whether there is an agreement. If an agreement exists, the date of the agreement is critical, as only financial hardship will apply to older agreements.
Do you need representation in requesting or defending a modification of maintenance matter?
Contact us online or at (631) 864-2600.
Modification of Spousal Maintenance
What you need to know about modifying maintenance orders
When Maintenance set by Court Order after a Trial
DRL 236 B (9)(b)(1) authorizes the court to end or modify any support order issued after a trial based on a showing of the following:
- the payee's inability to be self-supporting
- a showing of a substantial change in circumstance
- a showing of financial hardship
- upon actual full or partial retirement of the payor if the retirement results in a substantial change in financial circumstances.
When Maintenance set by an Agreement or Stipulation
Under DRL 236 B(9)(b)(1), when maintenance is set by an agreement, no modification shall be made without a showing of extreme hardship on either party. An important exception to this rule is the agreement itself, as the parties may agree to a different standard for modification.
The Marriage of the Payee
Under DRL 248, maintenance will terminate upon the former spouses remarriage. This is non discretionary and the termination of maintenance is required.
When the Payee is Living with someone else and holding themselves out to be spouses
DRL 248 allows the termination of maintenance at the court's discretion if it is shown that the former spouse is habitually living with someone else and holding themselves out to be their spouse.
Contact Our Divorce Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any modification of maintenance, no matter how challenging. With over 25 years of matrimonial experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled divorce lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.