Attorneys
Soheila Omrani
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 judgment.
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.
