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When is a Support
Order Modifiable? Often times support
orders rendered by a court in a marital action may be modified in subsequent
proceedings. How it can be modified is affected by the subject matter of the
order and whether it was issued as a temporary order in a pending action or
as a so-called final long term order in a judgement. At the outset of
any modication proceeding, the attorney must make certain strategic and
procedural decisions based on the facts of the particular case. Certainly the
experience of the firm plays a great role in developing a successful
strategy. The court has
continuing jurisdiction to modify an order for spousal support in
post-judgement proceedings and may modify its order. However, the court may
not modify a spousal support order when the parties have agreed, in writing
or orally in open court, that the spousal support order is nonmodifiable, or
when the judgement did not award spousal support, and the court did not
reserve jurisdiction over the issue or when there is fixed term of support
without court retaining jurisdiction. An order for child
support is modifiable at any time. The modification may have prospective
effect only; however, it may normally be made retroactive to the date of
service of the notice of the motion or of the order to show cause, on request.
For any modification - whether for spousal support or child support- there
has to be a showing of change of circumstances. For example, if one party's
earning has increased or decreased since the judgement was entered, or if
there has been a change in a party's employment status since the date of the
judgement. Either party can inquire as to the other party's income status
once a year, which in fact would show whether or not there has been a change
since the date of the prior support order. If you are
receiving or paying suupport, you may want to determine whether there are new
circumstances which might affect your current support orders, we would be
pleased to help. Soheila
Omrani has been practicing with Connolly Oyler for four years. |
Attorneys at Law: |
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