When It Makes Sense to File for Temporary Modification of Support
Whether you should actually be modifying alimony or child support is going to depend on a couple of different things.
We have a couple of reasons why you should probably definitely be doing this here soon. If you’ve suffered a major decrease or complete loss of your income due to no fault of your own, then this is the time to file one of these temporary abatement or modification cases.
If you cannot afford to pay the alimony or child support from your bank accounts during the period of time you’re unemployed or doing so would be crippling to you, then this is the time to file one of these cases.
And I just want to make the point again that the law says you’re supposed to pay alimony and child support from your income, not from your assets. You’re not required to spend down your assets to pay support.
Also, if you have a good reason to believe that your former spouse or the other parent has had their income increase since support was last calculated, which would possibly result in you not having to pay support on a permanent basis or paying less support on a permanent basis even if your income pops back up, it’s probably the time to file one of these lawsuits. As it would also be if you just know that your former spouse or the other parent, they’re not going to agree to a court order to excuse you from paying support. If you know they’re not going to cooperate, then probably the best thing to be doing is filing the lawsuit sadly.
Click here to access our free book on modification of alimony and modification of child support due to the CoVid 19 pandemic and click here for our modification of support information center. Also, you can click here or the “Schedule Your Consultation” link above to speak with one of our lawyers concerning your particular situation.