Modification
As times change, so often do the circumstances of the parties. What the parties may agree to under a Separation Agreement or what the Court may order as part of a divorce decree based upon circumstances that exist at the time of divorce may not be reasonable or fair at a future time. A complaint for modification is filed by one party when there has been a "material change" in circumstances since the time of divorce. Any number of reasons can attribute to a material change in circumstances, including variations in income, the loss of a job, a change in health, a change in the needs of a party or the children. Upon specific finding, the Court may modify child support obligations or the payment of alimony to address the change in circumstances.
As the decline in the economy continues to strain financial resources and presents unanticipated challenges for so many, an increasing number of people may find it more and more difficult to maintain the support obligations that they are required to pay. Conversely, a party receiving support from the other spouse may have a heightened need for support.
At The Law Offices of Kathleen Ann Foley, P.C., we can assist you in determining whether a material change in circumstances has taken place and, if so, file a complaint for modification to reestablish support obligations that are consistent with such a change.