Maintenance Dispute Lawyers In New York
Once alimony or spousal maintenance is established, it doesn’t guarantee that both spouses will be fine with it. Oftentimes, the spouse who has to pay spousal maintenance will take issue with the details of the case. Or the one who is receiving the monthly support will feel like they need or deserve more. When this happens, another legal dispute can occur.
If you’re wrapped up in a complicated divorce made worse by a spousal maintenance dispute, it is time to come to Davidoff Law in New York. Our Queens maintenance dispute lawyers can represent spouses who pay or receive alimony. With our help, you might be able to solve the dispute before it escalates to a heated courtroom battle.
Reasons Maintenance Might Be Modified
The first thing that you should know about spousal maintenance modifications is that they are only approved for specific reasons. You shouldn’t expect a modification to happen if the dispute is just because you do not like the result of the outcome. Our Queens maintenance dispute attorneys can start your case by checking to see if there is a valid reason for wanting the modification.
The most common reasons why people dispute a spousal maintenance order include:
- Paying spouse unexpectedly lost their job or had a pay cut.
- Paying spouse became severely ill, especially when medical costs are significant.
- Receiving spouse has earned a significant income increase.
- Receiving spouse has a new spouse or cohabitating partner.
Will The Court Approve The Maintenance Modification?
A New York family law court will only approve a maintenance modification if:
- Significant change has occurred in the petitioner’s day-to-day life, such as a severe illness;
- It has been at least three years since the spousal maintenance order was approved or modified; or,
- Either spouse’s income has increased or decreased by at least 15%.
How Remarriage Can End Spousal Maintenance
The fastest way that spousal maintenance can end is if the spouse who is receiving the payments becomes remarried or moves in with a new significant other. At that point, the court will expect that the new spouse or partner will help financially provide for the spouse who had been receiving the payments. A dispute can arise if the receiving spouse feels like they still need at least some financial support from their ex-spouse.
Furthermore, an alimony or spousal maintenance agreement can include a specific provision to keep it intact even after either spouse remarries. If this provision exists but you think it was made unfairly, so you should stop payments now that your ex-spouse has remarried, then you should let us know immediately.
We Can Represent Either Spouse – Call Today
You should feel financially stable after a divorce, either as the person who pays or receives spousal maintenance. If anything happens to upset that balance, then you should get our Queens maintenance dispute lawyers on your side. We have decades of collective legal experience to put to good use for your case. Let us manage everything, so you can focus on other important matters in your life.