Westchester County Spousal Support Modification Attorney
Whether a divorce is settled amicably or acrimoniously, spousal support arrangements almost always are addressed in a divorce agreement. Those arrangements are typically acceptable or at least workable – for a time. But situations inevitably change, and conjugal sustain agreements may also need to be modified. Either ex-spouse – with legitimate grounds – may request a modification to increase or decrease the amount paid according to the spousal support agreement. If some circumstance has changed and you need to have a spousal support agreement modified, speak at once with an experienced Westchester County spousal support adjustment attorney at Kimberly Pelesz New York Law, LLC. We help divorced spouses win fair and adequate agreements, and if it’s needed, we’ll fight tenaciously to have a spousal support agreement modified so that it is adequate to your circumstances.
HOW DOES A COURT DETERMINE SPOUSAL SUPPORT?
Spousal support arrangements are decided by the court if the spouses cannot come to a mutually agreed upon solution or if no prenuptial agreement is present. If the matter goes to court, the judge will look at a number of factors to determine how much conjugal sustain should be awarded. These factors include but are not limited to the following:
- The income and property that each spouse owns
- Each spouse’s income and property including the value of the marital property
- How long you were married, since longer marriages typically mean larger amounts of conjugal sustain
- How old both you and your spouse are, since older spouses may require higher spousal support
- The health of both spouses to determine whether one spouse will need support to tend to a health condition
- Your present earning capacity
- Your future earning capacity
- Whether you need additional training to increase your chances of being hired at a job
- Cohabitation- if you and your spouse lived together for a number of years before the marriage, this could impact the duration of the marriage as perceived by the court
- Whether there was any spousal abuse during the marriage
- Your ability to get a job and support yourself
- Lost earning capacity of one of the spouses because of lack of opportunity during the marriage
- Additional expenses that the spouse seeking conjugal sustain and has to pay
While a court is hammering out the details of your spousal support arrangement, a temporary spousal support order may be issued. This order requires that the higher income spouse pay conjugal sustain to the other party until the divorce is final and the official spousal support arrangement has been made. This will cover living expenses and lawyers’ fees while the divorce is pending.
If you are dealing with conjugal sustain issues in your divorce, speak to a Westchester County spousal support adjustment attorney as soon as possible.
HOW CAN SPOUSAL SUPPORT ORDERS BE MODIFIED?
Temporary spousal support ends as soon as the official spousal support order is issued to both parties. The official conjugal sustain agreement is automatically voided if either spouse dies, or if the receiving party remarries. The agreement also automatically ends when the supporting spouse is cohabitating with someone else or representing themselves as husband and wife with that person. However, these are not the only ways that spousal support orders can be modified. Either spouse can petition the court for a conjugal sustain modification at any time after the original agreement is made.
For example, if the supporting spouse suffers a substantial loss in income and can no longer afford the original spousal support payments, he or she may petition the court to decrease the amount that is owed. The court will go to great lengths to make sure that the paying spouse is not intentionally becoming underemployed or unemployed in an attempt to get out of paying conjugal sustain. The paying spouse may also try to prove that the receiving spouse is cohabitating with someone else and should therefore not be receiving support any longer.
On the other hand, if the spouse who is receiving spousal support suffers from a serious, long-term illness, he or she may petition the court for an increase in conjugal sustain. This can be justified by proving that medical bills are unaffordable with the current arrangement or by showing that the receiving spouse’s ability to earn an income has been significantly diminished by the illness.
A petition to modify an existing spousal support arrangement is not easy and is never a guarantee. Do not attempt to modify conjugal sustain without the help of an experienced Westchester County spousal support adjustment attorney. To determine whether you have justifiable reason to pursue a conjugal sustain modification, speak to an attorney as soon as possible.
WE LISTEN AND HELP
Almost no conjugal sustain agreement is life-long. If you pay spousal support, you may request a modification of the agreement if the supported ex-spouse remarries or cohabits; when either ex-spouse’s income substantially changes; or when either party becomes a parent with another partner. But, these modifications do not occur automatically. You will need to file a petition with the court to modify your existing conjugal sustain agreement with the help of a spousal support modification attorney. A Westchester County conjugal sustain modification attorney at Kimberly Pelesz New York Law, LLC can also represent you if your ex-spouse is asking for a modification that is unfair or unwarranted.
LET US HELP YOU
We know the anxiety and frustration that a conjugal sustain dispute can generate. Whether you pay or receive spousal support, we can help you obtain a conjugal sustain modification that’s fair, practical, and equitable. Contact Kimberly Pelesz New York Law, LLC promptly for a free initial consultation if you need a spousal support order modified or if you need to challenge a modification. With offices in Peekskill and Poughkeepsie, we serve New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how an experienced Westchester County conjugal sustain modification attorney can help you obtain a spousal support modification, email us or call us promptly at (914) 402-4541.