In today’s challenging economy many people inquire as to whether or not they can have previously ordered or agreed to alimony or child support obligations reduced. As with many family law questions, the answer is “maybe”.
Support obligations may be reviewed and modified upon a showing of a substantial change in circumstances. Ordinarily, the change is either the loss of employment or a reduction in income. In order to qualify for relief the change must not be voluntarily incurred. You cannot quit your job or purposefully lower your income and expect the court to grant you relief. The change must also be long term. This means that you cannot seek relief in the days or weeks immediately following your termination. Many judges look for a period of unemployment continuing six months or more before granting relief.
During this waiting period it is important that you continue and document your job search efforts. A court will want to see a diligent effort at replacing the lost income. Keep copies of cover letters, online applications, rejection letters and your updated resume.
Presenting a modification request to the court can be a significant undertaking and the inherent delays in the system may certainly be stressful. If you believe your circumstances warrant a reduction in your alimony or child support, consult with an experienced divorce attorney as soon as possible to discuss your options and build your strategy.
