Can my ex-wife go after more maintenance if I take on another job after divorce

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Can my ex-wife go after more maintenance if I take on another job after divorce

My ex was awarded 2550 per month for the next 8 years back in June 2018. I want
to start a business to make up the income loss. Can she petition the court for
more monthly maintenance if I make more money afterwards?

Asked on December 12, 2018 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Once ordered, spousal support can change only with the court's approval. To have such a an order modified, the party petitioning must demonstrate that there has been a change in circumstances (generally financial) that could not have been foreseen prior to the order being finalized. As a general rule, spousal support is awarded based off of what occurred during the marriage (e.g. how much money was made). A post-judgment increase in income won’t automatically result in increased support payments, although it could. Within the spousal support order, there may be language that addresses future changes in income and provides direction on how support will change if that happens. Conversely, if the order contains language making the amount "nonmodifiable", then there is no possibility of it changing. Further, assuming that the order an be changed, your spouse will have to demonstrate that either the original amount ordered was not sufficient for them to live off of or that the support they are getting is not enough to cover their current cost of living.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your ex can request a modification of spousal support if your income increases because changed circumstances such as a change in income constitute grounds for a modification of spousal support. Your ex will need to file documents with the court for a hearing on this issue.


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