If you were awarded spousal support in your divorce and your financial circumstances changed, warranting an increase in support, you can discuss this issue with your former spouse or you can petition the court with your request. If you can achieve a resolution with your spouse, this will save you time, but you should still have a new order approved by the court instead of relying on a verbal agreement.
If you cannot resolve this matter with your ex, you can take it to court. Generally, to be successful with this request, you will have to demonstrate a substantial change in circumstances.
Increasing Your Spousal Support Payments
If you are requesting an increase in your spousal support payments in New York, you will have to meet a few requirements. Your financial circumstances must have significantly changed, at least 3 years must have passed since the order was either entered or changed, you or your ex’s income changed by at least 15%.
Here are some common situations in which a judge may grant an increase:
- You involuntarily lost your job
- You involuntarily had your income reduced
- You developed an illness or disability that prevents you from working
If you were to voluntarily leave your job or take a pay cut, it is unlikely a judge would grant you increased spousal support payments. Moreover, modifications of spousal support are not automatic, so it is crucial to take legal action as soon as possible. An experienced attorney can help you obtain the best results for your case.
Set Up a Free Case Review with a Skilled Family Law Attorney Today!
If you need an increase in spousal support payments due to a significant change in circumstances, you should not hesitate to hire a skilled legal professional. At Arnel Law Firm, our family law team has been assisting clients with a variety of matters, including spousal support modifications, since 1983. We understand that life constantly changes and will do what we can to ensure your court order reflects your current needs. You can rely on us for the help you need.
Reach out to our law firm today at (718) 550-3024 to request a free initial consultation with one of our knowledgeable family law attorneys to learn more about your options and what we can do to assist you.