spousal support modification

Spousal Support Modification

What is a spousal support modification?

If spousal support was ordered as part of the divorce Decree or Judgment, either party may have the right to seek a support modification of the terms so long as the award was not deemed non-modifiable originally.

Who can qualify for a support modification?

Because of how important the child support payments are, modification most often requires the filing parent to show a significant change in circumstances.

For the paying parent, this commonly takes the form of a drop in income, frequently due to the loss of a job.

The receiving ex-spouse can seek an adjustment if the payer’s income has risen substantially.
Conversely, the payer may be able to seek to reduce or terminate spousal support if the ex-spouse has remarried or achieved financial independence.

** On January 1st, 2019 the new tax plan came into effect and removed the spousal support deduction, so any modification will be subject to the new tax code. **

Read about changes to spousal support here: New Tax Plan & Divorce

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