My spouse makes a lot more money now; can I have the support order modified?

Authored by Wendy Witt, Esq.

Life certainly does have a way of changing and if certain circumstances or finances have changed, it may be wise to consult with a family law lawyer (also known as a "matrimonial lawyer" or a "divorce lawyer").

  • Is the seeking of a modification of the support order wise? Don't just ask whether the support order can be changed; ask whether it's wise to change it. For example, if you and your ex-spouse have made peace, your children are doing well, and you can live reasonably comfortably while making the current payments, you may not want to rock the boat. Seriously consider whether saving a few thousand (or whatever) dollars is worth it.
  • If you and your family law lawyer decide to move forward with a motion for modification, these are the factors that would support your case.
    • Your spouse is cohabitating and your support order forbids such.
    • Your spouse is making a lot more money than when the support order was initiated.
    • Your spouse no longer needs as much support as he once did.
    • Your income has dropped because you lost your job, are underemployed or bankrupt, your business has failed, have significant health problems, or you retired.

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