Modification of Support

What happens when you have to make child support payments or need to pay your ex-spouse alimony (or both) and you lose your job or your income has drastically changed—what do you do?

Once a party is ordered to pay support (child support or alimony to their former spouse), they are not necessarily locked into that amount forever. A payor of support is permitted to file a petition for modification of support if they can prove that there has been a substantial change of circumstance since the entry of the final judgment.

During these last two years, many have lost their jobs, lowered their income, or have been negatively impacted by the economy. Notwithstanding these financial changes, many payors of support have continued to pay the support amount that was based on their previous higher earnings. Unfortunately, payors only realize that they can modify the amount of support once it is too late—in other words, once there is thousands of dollars of support in arrears.

Although the process for modification can take around six months to complete (maybe longer if it is a contested case), if the court permits a modification, the modified amount will be enforced from the date of filing the petition. Therefore, it is important to file a petition for modification as soon as possible, since the modified amount will not be enforced from when the earning capacity was decreased. If your earning capacity has decreased, you should consult a family attorney to determine if filing a petition for modification is a good option for you.

Note on Upward Modification: It is important to mention that support can also be modified to a higher amount. This means if there has been a substantial change in circumstance causing the payor to have an increased income, the court may order the payor to make larger support payments. Therefore, when the economy eventually picks up, or a payor has increased their earning capacity, it is important for payees to understand that they or their children may be entitled to more support than what was entered in the final judgment. If you believe your ex-spouse/children’s parent has increased their earning capacity, you should consult a family attorney to see if filing a petition for modification is a good option for you.