Circumstances in your life may have changed since your divorce was finalized with a settlement agreement. You may need additional spousal support from an ex-spouse so that you can get the education or job training required to transition into the job market. You may have been beset by an illness or disability that has caused you to lose employment, requiring increased assistance from your ex-spouse. You may be the paying spouse who has suffered changes that prevent you from providing the support you originally agreed to. No matter your circumstances, our firm is here to help you get a post-judgment modification of spousal support that most accurately reflects your current situation. Seek assistance from a Staten Island divorce attorney for men at Dow Divorce Law right away!
What is a Post-Judgment Modification?
Essentially, a post-judgment modification, or a post-divorce modification, is a request asking the court to change the terms of your initial divorce agreement after your divorce has already been finalized.
In these cases, a former husband is generally asking the court to reduce, suspend, or terminate his spousal support obligation because circumstances have substantially changed since the original order was entered.
Of course, New York courts will not simply modify an order because someone is unhappy with the outcome of their divorce. Instead, the court will generally want to see that there has been a legitimate and substantial change in circumstances that warrants modifying the agreement or court order. This is important for men to understand, because they cannot simply stop making payments if they can no longer afford them. This will result in a wide array of serious consequences, including the following:
- Wage garnishment
- Enforcement proceedings
- Judgments
- Property liens
- License suspensions
- Contempt of court allegations
There are several reasons why a man may seek a post-judgment modification of spousal support in New York. Some of the most common examples are as follows:
- Loss of employment
- A significant reduction in income
- Serious illness or injury
- Disability preventing continued employment
- Forced or legitimate retirement
- Financial hardship
- The former spouse receiving a substantial increase in income
- The former spouse remarrying or cohabitating with another individual
- Major changes in financial circumstances affecting either party
How Do I Know if I Qualify for a Post-Judgment Modification of Alimony?
As stated above, every case is different, which means whether you qualify for a modification will largely depend on the facts surrounding your situation.
Generally speaking, New York courts will want to see:
- A substantial change in circumstances
- A continuing financial issue
- An unforeseen change occurring after the divorce
One of the most common reasons men seek modifications is because of job loss; however, the court will usually expect a man to demonstrate that he is actively attempting to secure new employment.
In many cases, this may involve producing:
- Job applications
- Unemployment documentation
- Termination notices
- Tax returns
- Updated financial records
Medical issues also frequently serve as grounds for modification. If a serious injury, illness, or disability impacts your ability to work or earn income, the court may consider reducing your support obligation.
Naturally, medical documentation and proof regarding your condition will often play a substantial role in these cases.
Retirement may also warrant a modification under certain circumstances. Of course, simply retiring early because you no longer wish to work may not automatically justify reducing support. However, if retirement is legitimate, reasonable, and consistent with your age and career history, the court may determine that continuing the same support obligation is no longer appropriate.
Additionally, many divorced fathers eventually discover that their former spouse’s financial situation has improved substantially over time.
In some cases, a former spouse may now:
- Have a significantly higher-paying job
- Be financially independent
- Be cohabitating with another individual
- Have substantially lower financial need than before
These circumstances may potentially justify modifying support obligations as well.
Some additional situations that may warrant a post-judgment modification include:
- You lost your job due to layoffs or downsizing
- You suffered a serious illness or injury affecting your income
- Your former spouse now earns substantially more money
- Your former spouse remarried or is living with another individual
- Your financial obligations have become unsustainable
- You experienced a major and continuing reduction in income
- You reached legitimate retirement age and can no longer maintain the same earnings
Importantly, courts generally require substantial evidence before granting modifications. Simply believing your former spouse is financially stable will usually not be enough.
Courts often require:
- Financial disclosures
- Tax documentation
- Employment records
- Medical evidence
- Banking information
- Other supporting financial records
What is the Process of Obtaining a Modification to Spousal Support in NYS?
The process of obtaining a modification to spousal support in New York can become complicated rather quickly, especially if your former spouse contests the request, but it generally will go through the following steps.
Reviewing the Original Divorce Order
First, your attorney will typically review your original divorce judgment and settlement agreement.
This is important because, as stated before, some agreements contain language limiting modifications or imposing certain conditions before changes can be made.
Gathering Financial Documentation
Next, financial documentation will generally need to be gathered. Some of the documents frequently involved in these cases include:
- Tax returns
- Recent pay stubs
- Bank statements
- Medical records
- Business records
- Retirement information
- Monthly expense statements
- Proof of unemployment or disability
Filing a Petition or Motion
Once we’ve gathered all necessary documentation, we will file a petition or motion requesting modification with the court. In this, we will explain the substantial change in circumstances and provide all relevant evidence to the court supporting your claim.
Serving the Other Party
After the request is filed, your former spouse will have the opportunity to respond.
In some situations, the matter may ultimately settle through negotiation. In others, however, the case may proceed through litigation and require court appearances, financial discovery, testimony, and judicial review.
What Factors Will the Court Consider?
During the process, the court may consider several factors, including:
- Whether the income reduction was voluntary
- The financial needs of both parties
- The earning capacity of each spouse
- The duration of the marriage
- Whether the alleged hardship is legitimate
- Compliance with prior court orders
- Any additional financial circumstances the court deems relevant
Receiving the Court’s Decision
Eventually, if the court determines that modification is appropriate, the judge may reduce, suspend, terminate, or otherwise modify the support obligation accordingly.
Need Help With a Post-Judgment Support Order Modification? Contact Dow Divorce Law.
Ultimately, if you’re facing a significant change in circumstances, it’s imperative that you retain the services of a seasoned family lawyer from Dow Divorce Law who can help you secure the post-judgment modification of spousal support you need. Contact our firm today.
