Spousal maintenance orders are intended to give a lower-earning spouse support and stability after divorce, but when circumstances change, you may need to enforce or modify an order. If you have an existing order that the other party is not complying with or you think a modification is in order, strong legal representation can put you in a better position, and that’s why Petroske Riezenman & Meyers, PC is here to help.
Our firm has six family law attorneys with nearly 100 years of experience between them, giving us both the knowledge and skills needed to navigate complex spousal support issues on Long Island. These orders are often complicated by fluctuating incomes, income from assets or business interests, and changes in the economy. We’re here to look at the specific details of your case and craft a strategy that fits you.
With offices in both Nassau County and Suffolk County, we’re committed to serving the people on Long Island. Those located in Nassau County can find our Garden City office at1055 Franklin Avenue #206, just a few blocks from the Nassau Matrimonial Center and Family Court. If you’re looking for our Suffolk County location, you’ll find us on the first floor ofRussell Carroll Matrix Corporate Center in Hauppauge. Located just off Motor Parkway on Veterans Highway, we’re very easy to locate. Give us a call at 631-337-1977 to set up a consultation with our team now.
– “Attorney Ryan [Riezenman] takes the time to truly listen and understand everything you have to say. He’s easy to talk to, extremely knowledgeable, and very honest throughout the process. He was able to get me everything I was asking for without turning it into a long, expensive, drawn-out battle. What really stood out was his ability to know exactly how to word things and understand the court’s limits, getting the judge to sign off without raising any red flags. Even though my custody situation was different than most and made things somewhat easier, he still did an excellent job handling it.”
– Google Review from Rob Silverman
Understanding Spousal Maintenance in New York
Spousal support, also known as alimony or maintenance, allows one party to receive financial support from their higher-earning ex-spouse after divorce. New York courts may award spousal support to ensure that the lower-earning spouse is financially stable and has a chance to transition to financial independence.
A number of factors play into spousal support decisions, including the duration of the marriage and both parties’ earning abilities. The court will look at both parties’ overall financial circumstances at the time of the divorce.
When Spousal Maintenance May Be Modified
Spousal support may warrant a modification when there’s a significant change in financial circumstances. The court generally requires the party requesting a modification to prove that it’s necessary.
Common reasons for alimony modifications include involuntary job loss, a major drop in income, serious illness or disability, or retirement that negatively impacts earning capacity. An increase in the receiving party’s income may also lead to a modification. Be prepared to provide evidence showing that the modification is necessary. For example, if you are requesting a decrease in spousal support because you were terminated, you may need to provide proof that you were terminated involuntarily and that you did not choose to leave your job.
Additionally, spousal support generally terminates automatically if the receiving spouse remarries, unless the divorce decree includes a clause allowing payments to continue after remarriage. If the receiving party cohabitates with a partner and the couple holds themselves out as married, the paying party may request a modification. This may require providing proof of cohabitation and reduced financial need due to cohabitation.
Enforcing Spousal Support Orders
When the spouse ordered to pay spousal support does not make payments, the receiving spouse may have to ask the court to enforce the order. The court has a number of tools it can use to force compliance and collect missed payments.
Enforcement tools that the court may use include wage garnishment, liens placed on the paying party’s property, and asset seizure. The court may also require payments to increase temporarily until arrears are paid off.
Filing in Long Island Courts
Your request for modification or enforcement can usually be filed in either the Supreme Court that handled your divorce, or in the Family Court. is typically filed in the same court that oversaw your initial divorce. There are several courts on Long Island that have jurisdiction over divorce cases, so you may wish to discuss the matter with the team at Petroske Riezenman & Meyers.
Reach Out To Our New York Spousal Support Lawyers
If you need help enforcing a spousal support order or you believe circumstances have changed enough to warrant a modification, Petroske Riezenman & Meyers, PC is here to help. Get started by setting up a consultation. Just call our spousal support attorneys in New York at 631-337-1977 or 516-699-1989, orcontact us online.