During a divorce, one spouse may ask a judge to award financial payments to help support that spouse during or after the divorce. The parties may agree on the amount paid, or the couple may have a prenuptial or postnuptial agreement that sets out alimony payments. If there is no agreement between both parties, a judge will look at a variety of factors and determine if there should be an award, as well as the amount of the payment. In New York, these payments are known as “alimony”, “maintenance”, or “spousal support”.
SPOUSAL SUPPORT MODIFICATIONS
Whether due to a promotion, loss of job, or disability affecting the ability to work, any significant change can be the basis for a spousal support modification. If such a difference in your financial situation occurs, you should consult an expert divorce lawyer right away regarding an alteration to the support agreement. Laws governing these agreements can change at any time, and a delay in requesting a modification could have negative financial repercussions. When it is time to modify, the alimony plan should be considered right away.
When a parent decides that they want to relocate – either to another state or abroad – after a divorce, this can have a drastic effect on the lives of the children and the other parent. All parents who wish to relocate with a child are required to receive the consent of the other parent. Failing this, they are required to obtain the permission of the family court in the state where they currently reside. Even if a parent wants to move to another state, they must get the consent of the other parent or the permission of the family court.
In the United States, family court judges are instructed to base their decisions regarding the living conditions of the children of divorce based upon the best interests of the children. If, for example, a father wishes to relocate from the U.S. to France with his child, but the child is unaccustomed to life in France or does not understand French, the court may decide that the child’s best interests are in the U.S. Even if the father stands to earn a higher income aboard, this has much less weight on a family court than the child’s welfare.