Not Much Ado About Having Nothing

During the existing economic downturn, there has been much litigation seeking downward modification of support orders in New York. The standard for support modification in that state depends upon whether the order is the product of agreement or trial determination and whether or not the order is for child support or spousal support. (As this article seeks to examine “change in circumstances” applications resulting from recent economic events, it does not address any other basis upon which modification made be made.) While such applications have been historically difficult to win, legitimately suffering payors, thinking that job losses and reduced incomes would be the ticket for success, have nevertheless found the court continually reluctant to grant relief. Some recent decisions decided by the appellate courts on applications made prior to the recession, and lower court decisions which have considered its effect, have been consistent in denying relief. This two-part article discusses the trend in New York and other states to deny downward modifications.