Should You File for an Order Modification? Reasons to File

Filing for an order modification can enable you to change the terms of a currently existing legal order, so they fall more in your favor. But when should you pull the trigger and actually file an order modification case? Read today's blog to find out.

To schedule a consultation with our team for your order modification case and receive the representation you deserve, contact us online or via phone at (718) 215-0121.

You're Paying for Alimony & Your Spouse Remarries

Unlike some states, spousal support obligations in New York end if the spouse receiving support payments remarries.

In many cases, the New York legal system will be aware when an individual receiving support remarries because they will obtain a new marriage certificate, and may automatically halt alimony payments.

However, this isn't always the case. If you know your spouse has remarried and no longer requires support, you should file a support modification case with the court. Not only will you be able to stop paying for support, but you also may be able to claim paid support back if you have continued making payments since your spouse remarried.

You Experience a Substantial Change in Circumstance

You can always file for an order modification if you experience a substantial change in circumstances. Changes in circumstances that qualify as life-changing events and may result in order modifications include:

  • You lose your job and are no longer able to make support payments;
  • You become aware your spouse has obtained a promotion or some other sort of financial windfall and no longer requires the same degree of support;
  • The individual you are supporting incurs a medical condition that justifies a change in support;
  • The individual you are supporting moves past a medical condition, reducing the need for support;
  • You develop a medical condition, making you unable to continue paying for support.

If you want to file for an order modification on the grounds of changed circumstances, speak with an order modifications attorney. They can help you determine whether your case qualifies for an order modification attempt or not.

To schedule a consultation with our team about your case, contact us online or via phone at (718) 215-0121.