If you’ve landed here, you’re likely going through a difficult time. Maybe your financial situation has changed, or maybe your former spouse is now earning more than before. You might be wondering if it’s possible to change the amount of spousal support, also called maintenance, that you were ordered to pay or receive in New York. You’re not alone in feeling overwhelmed. Many people in your shoes feel confused and unsure about what steps to take next. At our firm, we understand how emotional and stressful these moments can be. We’re here to help guide you through it.
What is Spousal Support and Why It Matters
Spousal support, or maintenance, is the money that one spouse pays to the other after a divorce or separation. This money is meant to help the receiving spouse continue to live in a way that is close to how they lived during the marriage. It can be temporary or long-term, depending on the court’s decision and the couple’s situation. In New York, the court looks at many things when deciding spousal support. These include how long the couple was married, how much money each person makes, what each person’s needs are, and whether one spouse gave up a job or career to care for the home or children.
When the court first sets spousal support, it uses a special formula. But life is full of changes. A person’s job, health, or family needs can shift over time. That’s why the law gives people a way to go back and ask the court to change the support order if something major has happened.
Can You Change a Spousal Support Order in New York
Yes, you can. If you have a spousal support agreement or court order from a divorce or separation, you may be able to modify it. This means you can ask the court to increase, decrease, or stop the payments. But you need a good reason. The court will not make changes just because someone is unhappy with the amount. There has to be a real change in the situation since the last order was made.
New York law allows for a change in spousal support if three main things happen. First, there must be a significant change in circumstances. Second, if it’s been three years or more since the order was made or last changed. Third, if one person’s income has changed by 15 percent or more. These are the three legal reasons someone can ask the court to review and possibly change the amount of support.
The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and here team for any legal needs.– Joseph B.
Was a real advocate for me while going through my divorce. Responded to emails and calls promptly and guided me through the entire process. Fair, responsive and frankly a light during a tough time.– Melissa W.
What Counts as a Significant Change in Circumstances
A significant change in circumstances can mean many things. Maybe you lost your job through no fault of your own. Maybe you got very sick or had an injury that makes it hard or impossible to work. Or maybe your former spouse got a new job that pays much more money than before. If any of these things happen, the court might see them as big enough to consider a new support order.
It’s important to know that voluntary choices usually don’t count. If you quit your job on purpose or took a lower-paying job just to avoid paying support, the court probably won’t help. The change needs to be real and outside your control. Each case is different, and that’s why it’s helpful to talk to a lawyer who can help show the court your side of the story.
How the Court Looks at Support Changes
When the court reviews a request to change spousal support, they look at both people’s financial situations. They want to make sure the support is fair and that no one is struggling too much. The court may ask for proof like pay stubs, tax returns, or medical records. They may also want to know about new marriages, new children, or other big life changes.
It’s not enough to say you want less support or more money. You have to show clear facts. That’s where good legal help makes a difference. You want someone who can explain your situation in a way the judge will understand.
What if You and Your Former Spouse Agree on a Change
Sometimes both people agree that the support amount should be different. Maybe one person’s income has gone up, or the other’s has gone down. In these cases, the two people can sign a new agreement and ask the court to approve it. But even if you both agree, it’s still smart to have a judge approve the change. That way, the new amount becomes part of the court order and is easier to enforce.
Related Videos
How long does a Divorce take?
What is a no Fault Divorce in NY?
If you just make a private deal without telling the court, it might not hold up later. If someone changes their mind or stops paying, the court may still follow the old order. That can cause trouble. A lawyer can help you write and file the new agreement the right way.
What if the Original Agreement Says It Can’t Be Changed
Some people include a part in their divorce agreement that says spousal support can’t be changed later. This is called a non-modifiable agreement. If your agreement says that, it may be hard to get it changed, even if your life changes a lot. But there are rare times when the court might still agree to a change, especially if not changing it would be unfair or harmful. These situations are very complex, and you will likely need legal help to understand your options.
How Long Does the Process Take
The time it takes to modify a spousal support agreement depends on many things. If both sides agree, it may be fast. If there is a fight over the change, it can take longer. You may need to go to court hearings, gather documents, and make strong legal arguments. On average, it can take a few months to over a year. The sooner you act, the sooner you can get relief.
What Should You Do Next
If you are struggling with your current spousal support order, or if you think your former spouse should be paying more, the first step is to get legal advice. A lawyer can look at your situation and help you figure out the best way forward. You don’t have to deal with this alone.
Our team understands that every story is different. We know you might be worried about money, about your kids, or about what your future will look like. We’ve worked with people from all walks of life, and we believe that every person deserves to be heard and treated with fairness.
If you believe your spousal support order no longer fits your life, we are here to help. Whether you need to lower your payments or ask for more support, Mahserjian & Mahserjian-Ortiz, PLLC can work with you to build a strong case and present it clearly to the court. Your peace of mind matters, and you don’t have to carry this burden alone. Let us walk this path with you and help you move forward with confidence. Reach out today to schedule a consultation and take the first step toward the outcome you deserve.
