Modification of Maintenance
Maintenance Modification Attorney on Long Island
Modifying Maintenance Orders in Nassau and Suffolk
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 as that will determine the standards for obtaining a modification.
Services Offered
- Modification of post judgment maintenance awarded following a trial
- Modification of post judgment maintenance set by an agreement
- Defense against a request to modify maintenance
- Review of the factual issues that could warrant a modification
- Review of legal standards to support or oppose a modification.
Why Choose The Law Office of J. Douglas Barics
At the Law Office of J. Douglas Barics, we have over 25 years of experience in obtaining modifications, or defending against unwarranted requests to modify maintenance. Let our personalized attention work for you.
Do you need representation in requesting or defending a modification of maintenance matter?
Contact us online or at (631) 864-2600.
What you need to know about modifying maintenance orders
How is maintenance modified when its determined by the court after a trial?
When maintenance is set by the court 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.
How is maintenance modified when its set by an agreement?
When maintenance is established by an agreement, under DRL 236 B(9)(b)(1), a modification requires the showing of extreme hardship. An important exception to this rule is the agreement itself, as the parties may agree to a different standard for modification.
What happens to maintenance when the recipient remarries?
When the payee remarries, DRL 248, provides that maintenance will terminate upon the former spouses remarriage. This is non discretionary and the termination of maintenance is required.
What happens to maintenance when the recipient is living with a romantic partner?
When the recipient is living with a romantic partner, 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.