Modifying and Terminating Support Provisions
Author: David Siegel
Modifying and Terminating Support Provisions
The most common way to modify and terminate support is to
show that there has been a substantial change in
circumstances. The person seeking modification has the
burden of demonstrating that there in fact has been a
substantial change of circumstances.
The clauses allowing modification of maintenance and child
support upon a showing of a substantial change in
circumstances have been subject to various interpretations.
The most common interpretation is that the substantial
change in circumstances in order to modify maintenance of
children's support payments must take place between the
time of the entry of the dissolution of marriage judgment,
or other prior support order, and the time of the filing of
the petition for modification. For an increase, case law
generally holds that the substantial change in
circumstances must be bilateral: both an increase in the
needs of the spouse receiving maintenance or the children
who are the beneficiaries of the children's support,
coupled with an increase in income on the part of the payor
spouse, are required.
After the petitioner establishes a showing of a substantial
change of circumstances, the court determines whether to
modify the support award using the same factors as were
used in the initial maintenance award.
These include: the financial resources of the party seeking
support, including the marital property apportioned; the
standard of living established during the marriage; the
duration of the marriage; the age and the physical end
emotional condition of both parties; the ability of the
spouse seeking support to meet her needs independently; and
the ability of the other spouse to pay.
Similarly, a petition to modify child support is determined
under the same analysis as is an initial award of child
support. The factors to be considered include:
(1) the financial resource of the child;
(2) the financial resources and needs of the custodial
parent;
(3) the standard of living the child would have enjoyed had
the marriage not been dissolved;
(4) the physical and emotional condition of the child and
his educational needs; and
(5) the financial resources and needs of the non-custodial
parent or parents.
After considering the factors listed above, the court may
deny the petition for modification, increase or extend the
support or maintenance, or reduce or terminate the support
or maintenance.
Modification of child support illustrations
(a) Change in custody. A change in custody is a
substantial change in circumstances that may warrant a
modification of child support.
(b) Increase in the children's need for support (illness,
increase in age, and increase in living expenses).
(c) Decrease in payor's ability to pay. Modification may
be appropriate when the payor's ability to pay support is
reduced. For example, financial reverses or a fall in the
payor's income may warrant a reduction of support.
About the Author:
New York City divorce and family law firm handling divorce
and family law cases throughout New York City and the
surrounding areas. Results driven law firm with experience
and skill to handle the most difficult cases.
http://www.divorce-lawyers-newyork.com
Author: David Siegel
Modifying and Terminating Support Provisions
The most common way to modify and terminate support is to
show that there has been a substantial change in
circumstances. The person seeking modification has the
burden of demonstrating that there in fact has been a
substantial change of circumstances.
The clauses allowing modification of maintenance and child
support upon a showing of a substantial change in
circumstances have been subject to various interpretations.
The most common interpretation is that the substantial
change in circumstances in order to modify maintenance of
children's support payments must take place between the
time of the entry of the dissolution of marriage judgment,
or other prior support order, and the time of the filing of
the petition for modification. For an increase, case law
generally holds that the substantial change in
circumstances must be bilateral: both an increase in the
needs of the spouse receiving maintenance or the children
who are the beneficiaries of the children's support,
coupled with an increase in income on the part of the payor
spouse, are required.
After the petitioner establishes a showing of a substantial
change of circumstances, the court determines whether to
modify the support award using the same factors as were
used in the initial maintenance award.
These include: the financial resources of the party seeking
support, including the marital property apportioned; the
standard of living established during the marriage; the
duration of the marriage; the age and the physical end
emotional condition of both parties; the ability of the
spouse seeking support to meet her needs independently; and
the ability of the other spouse to pay.
Similarly, a petition to modify child support is determined
under the same analysis as is an initial award of child
support. The factors to be considered include:
(1) the financial resource of the child;
(2) the financial resources and needs of the custodial
parent;
(3) the standard of living the child would have enjoyed had
the marriage not been dissolved;
(4) the physical and emotional condition of the child and
his educational needs; and
(5) the financial resources and needs of the non-custodial
parent or parents.
After considering the factors listed above, the court may
deny the petition for modification, increase or extend the
support or maintenance, or reduce or terminate the support
or maintenance.
Modification of child support illustrations
(a) Change in custody. A change in custody is a
substantial change in circumstances that may warrant a
modification of child support.
(b) Increase in the children's need for support (illness,
increase in age, and increase in living expenses).
(c) Decrease in payor's ability to pay. Modification may
be appropriate when the payor's ability to pay support is
reduced. For example, financial reverses or a fall in the
payor's income may warrant a reduction of support.
About the Author:
New York City divorce and family law firm handling divorce
and family law cases throughout New York City and the
surrounding areas. Results driven law firm with experience
and skill to handle the most difficult cases.
http://www.divorce-lawyers-newyork.com
