Thursday, April 5, 2012

How do I modify an existing modifiable spousal maintenance Order?

Unless the parties previously agreed that the spousal maintenance award was non-modifiable, a parent may attempt to modify and/or terminate an award of spousal maintenance for a variety of reasons. One of the more common reasons spouses seek to modify spousal maintenance occurs when a spouse experiences a substantial and continuing change of income and/or living expenses.

The court understands that on many occasions one spouse’s circumstance will change over time and it is necessary to ask for a modification of the prior “Decree of Dissolution”. This could be due to the loss of a job or reduction in income of one spouse, or health issues and medical bills which may arise due to illness of a child. It is especially important to modify the Decree of Dissolution if circumstances have changed and they are affecting the “best interest” of any of the children involved. It is important to put together all documentation and witnesses who could support your claim that a Modification is immediately necessary.

A spouse seeking to modify and/or terminate a spousal maintenance order must file a petition for modification and attend a hearing at which time evidence is presented in support of the requested modification and/or termination. Discount Divorce & Bankruptcy is very experianced at handling just such documents and can manage all court processing and filing.

No comments: