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Support Modification: Overview and Update

By Marcy L. Wachtel and Suzanne L. Stolz
June 28, 2007

When a client wants to modify a child support or maintenance order, the matrimonial law practitioner must generally start by reviewing the standard applicable to the type of modification involved in the case. An occasional review of these standards can be helpful in keeping the practitioner focused. In addition, a concise discourse on these principles can be an invaluable tool for educating the newer attorney to the field.

The first step the attorney must take is to determine the nature of the award sought to be modified because the standards for modification of child support and spousal maintenance are different for awards contained in: 1) settlement agreements surviving a judgment in a matrimonial action; 2) divorce decrees; and 3) pendente lite orders. The second step is to determine whether the support obligation to be modified involves maintenance or child support.

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