child support alimony modifications

Facts About Alimony And Child Support Modification

With some exceptions, Alimony and Child Support are always modifiable. The operative question is whether modification is prudent, under the circumstances, for you.child support alimony modifications

The threshold question facing the courts in a modification action is whether there has been a change in financial circumstances.

But not just a simple change in circumstances is needed.  The types of modifications that the courts look for are:

Permanent: Fluctuating income, like with a business owner, could derail an otherwise solid case for Modification.

Material: A material change is one that materially affects the ability to pay support.

Unintentional: One must not have caused the specific change that is relied upon in a Modification action.

Significant: Essentially the same definition as Material.

Involuntary: The change in circumstances must not have been contemplated (although retirement could still, depending on the circumstances, be considered involuntary as it pertains to Modification). There are many permutations.

Any one of those adjectives could spell doom for a possible action for Modification, so if you contemplate a Modification action you should be aware of the potential pitfalls.

If you believe that you are entitled to a Modification, either an increase or a decrease, consult a Family Law Attorney immediately for an analysis.