New York law permits the award of alimony in certain situations. There are some limited situations in which an alimony order can be modified. In New York, alimony is also known as maintenance. The term alimony and maintenance are used interchangeably in the state. A New York alimony modification lawyer can provide you information about altering an outstanding alimony order.
Temporary alimony is a type of maintenance that is awarded while a divorce case is pending. New York law sets forth specific guidelines for temporary maintenance.
There may be some instances in which a temporary maintenance order might be modified while a divorce case pends. For example, if the person receiving alimony pursuant to a temporary maintenance order experiences an unexpected medical issues, he or she may be able to seek an increase in the amount paid pursuant to the temporary order
The situations in which a post-divorce maintenance order can be modified are limited. Pursuant to New York state law, post-divorce maintenance is considered a final order. Generally speaking, New York law does not permit the person receiving alimony pursuant to a post-divorce maintenance order from seeking a modification in that decree. In other words, once a post-divorce maintenance award is issued, it is considered permanent and the beneficiary cannot come back to seek an upward increase in the amount being paid.
The obligor, or person paying alimony, pursuant to a post-divorce maintenance order may be able to come back and seek a modification in limited situations. Merely because that individual sees a decrease in his or her income is not a reason to seek a modification of an alimony order.
If the person receiving alimony ultimately starts habitually living with someone else in an intimate manner, the obligor may be able to return to court to seek a modification of elimination of the alimony order. He or she may be able to seek some other types of adjustments in that type of situation.
One situation in which a boost in the amount paid in an existing alimony order might be if it is discovered that the person paying the obligation provided false financial information during the divorce proceedings. If the alimony order was based in part on fraud by the obligor, a deception that could not reasonably be discovered during the divorce proceedings, an increase in maintenance payments may be possible.
Retain Legal Representation
Because seeking an alteration of a post-divorce alimony order normally is a herculean task, seeking legal assistance is vital A skilled, experienced New York alimony modification lawyer can provide you with the advice and representation necessary to pursue an alteration of an alimony order.
At the outset, an experienced New York alimony modification lawyer will be able to tell you whether or not a modification is possible in the first instance. Once that is determined, legal counsel will provide an evaluation of the situation. The lawyer will explain what strategies may be possible to alter an existing alimony order. You will also have the opportunity to ask questions about your alimony order and changes to it. As a general rule, an attorney charges no fee for an initial consultation in this type of case.