Spousal Support Modification
The simple truth is that modifying support is rarely a simple process. There are many instances, however, where it is appropriate. In general, a prior order cannot be modified unless there is “a showing of a substantial change of circumstances”.
So, what exactly is a “substantial change of circumstances”? As any experienced divorce and family law attorney will tell you, this is a difficult concept to fully define. A substantial change of circumstances is something big. It is a material change in the life of one or both of the parties.
The most common example of a substantial change of circumstances involves the party making the maintenance payments being laid off. If you are the paying party and you happen to lose your job, you should absolutely file a motion to modify your maintenance order.Any Changes in a Maintenance Order Should be Done so as Soon as Possible
Changes in an existing order that need to be made should be done as quickly as possible. This is because maintenance or alimony that has accrued prior to your filing a petition to modify your payments will not be wiped out by the subsequent change. And, this is an absolutely critical point to keep in mind.
This means that if you are laid off on January 1st, and you do not bring your motion until June 1st, the accrued maintenance dating all the way from January to June will NOT be discharged absent truly extraordinary circumstances. It will simply become past due, and it will remain owing even if your maintenance adjustment is granted.
There are, of course, many other types of situations that would be deemed as a substantial change of circumstances that would justify modifying an existing order of maintenance - but this area is extremely fact specific. With time being of the essence, don't delay in connecting with one of our family law lawyers to assist in this matter.Talk With one of our Washington Spousal Support Modification Attorneys Today!
If you have questions about whether or not your current order of maintenance can be modified, we encourage you to call our law offices for an initial case contact us. After hearing the specific facts related to your case, one of our Washington spousal support modification attorneys will have a pretty good idea as to whether or not you have a valid basis to modify your existing maintenance orders. 844-923-2645.