Life doesn’t freeze on the date your divorce is finalized. Kids grow, jobs change, people move, and health or income can shift. New York law recognizes that reality. In Suffolk County, many parts of a divorce judgment can be modified when circumstances materially change, but not everything is open to revision. Here’s a guide to what can and cannot be changed, the legal standards judge use, where to file in Suffolk County, and practical tips to protect yourself.
Parenting arrangements are always modifiable when there’s a material change in circumstances and a change would serve the child’s best interests. Examples include a parent’s relocation, sustained schedule conflicts, a child’s evolving educational or medical needs, or concerns about safety or stability. Petitions to modify custody/visitation are routinely filed and heard in New York Family Court (including in Suffolk County).
Support may be increased or decreased if there’s a substantial change in circumstances. In addition, unless the parties opted out in a properly executed agreement, a court may modify child support if three years have passed since the last order or if either parent’s gross income has changed by 15% or more.
Whether maintenance can be modified depends on how it was set:
The division of assets and debts is generally final. Courts will enforce a fair-on-its-face settlement unless there’s proof of fraud, duress, overreaching, or unconscionability. You cannot revisit property splits simply because the deal feels less favorable years later.
If you’re unsure which court is proper, a Suffolk family lawyer can direct you to the fastest, most efficient path based on your judgment and any stipulations.
For support, modifications generally take effect no earlier than the date you file your request. That means if your income drops in January, but you don’t file until April, any reduction usually starts from your April filing date, not January. File promptly to avoid unmanageable arrears.
Judges weigh the totality of circumstances to decide what serves the child’s best interests. Common factors include each parent’s caregiving history, stability of each home, co-parenting cooperation, school continuity, health needs, and (when appropriate) the child’s preferences. Come prepared with school records, medical notes, calendars, messages demonstrating cooperation or interference, and any neutral reports that document the change since the prior order.
Expect to document income with recent tax returns, W-2s/1099s, pay stubs, job-loss notices, job-search efforts (if seeking a downward change), and evidence of childcare, health insurance, or extraordinary expenses for the child. The court applies New York’s Child Support Standards Act and then considers whether a modification trigger (substantial change, 3 years, or 15% income shift) is met.
For court-set or merged awards, proof of a substantial change (e.g., involuntary job loss plus diligent search, serious illness, retirement that materially affects finances) is critical. For incorporated-not-merged agreements, the extreme hardship bar is higher—courts deny many requests that don’t show severe, continuing financial strain. Plan to present a full financial picture: budgets, assets and liabilities, medical documentation, and employment history.
If you believe your property settlement was tainted by fraud or coercion, talk with counsel immediately. These cases are fact-specific and turn on evidence—financial records, hidden-asset trails, communications, and the circumstances of signing. Courts enforce agreements that were fair on their face unless that kind of serious misconduct is proven.
Can we just agree between ourselves and skip court?
You can reach an agreement, but it must be written and submitted to the court to be enforceable. Otherwise, the old order remains in effect.
My income dropped, can the court lower my child support?
Possibly. If the drop is involuntary and significant (often 15% or more) or three years have passed, or there’s another substantial change, the court can modify the order. File promptly; relief typically starts from the filing date.
Can I change alimony if my agreement wasn’t merged into the judgment?
Only in rare cases. You’ll need to prove extreme hardship to modify those contractual maintenance terms.
Can I reopen property division because I regret the deal?
Regret isn’t enough. You’d need evidence of fraud, duress, or unconscionability to set aside a settlement that was fair on its face.
For clear, strategic help with custody, support, or post-judgment issues, contact Chris Palermo to review your judgment, assess your options, and file the right petition the right way.
Picture this: you’ve just made the heart-wrenching decision to end a marriage, and the emotional weight feels heavy enough. Then the dollars and cents start swirling in your head. How will you keep the roof over your head? Can you cover daycare on a single income? These worries are common for Suffolk County residents moving toward divorce, and that is precisely where spousal support (often still called “alimony”) steps in. Let’s break down what maintenance is, how New York courts calculate it, and practical steps you can take to secure the financial breathing room you need.
New York’s Domestic Relations Law now uses the term “maintenance”, but everyday folks (and plenty of lawyers) still say “alimony.” Whatever label you use, it’s a court-ordered payment from the higher-earning spouse to the lower-earning spouse to ease the transition from married life to financial independence. In Suffolk County, judges follow statewide guidelines but retain considerable discretion once they’ve run the numbers.
New York employs a two-step formula that accounts for each spouse’s income. As of 2025, the income cap used in the calculation is $203,000. Judges take:
The court chooses the lower of the two figures, with a final cap to ensure the recipient isn’t awarded more than the payor actually earns. If either spouse’s income exceeds $203,000, the judge may consider the excess, but only after weighing the statutory factors (see next section). While the math can look intimidating, the important takeaway is this: the guideline is a starting point, not the last word. Your unique facts still matter.
Judges in Suffolk County must weigh 15 factors under §236(B)(6), including:
By preparing clear documentation such as pay stubs, tax returns, childcare receipts, and even a résumé, you empower the court to see the full picture rather than a cold printout from a software program.
New York suggests ranges tied to marriage length:
For example, if you were married for 12 years, the statutory guideline suggests support between 1.8 and 3.6 years. A judge can deviate up or down so long as they explain why. Common reasons include disability, an infant child at home, or a significant disparity in retirement savings.
Life rarely stays still. Suppose you lose your job or your ex doubles their income. Either party may petition the Suffolk County Supreme Court for a modification by showing a substantial change in circumstances. Remarriage or cohabitation by the recipient often terminates support, but read your judgment carefully—some orders require a new court filing, while others end automatically.
If a former spouse falls behind, New York gives you several enforcement avenues:
Act quickly; judges dislike arrears piling up because they create hardship and hostility.
Thanks to the Tax Cuts and Jobs Act, maintenance is no longer deductible for the payor, nor is it considered taxable income to the recipient for divorces finalized after December 31, 2018. Budget accordingly; that change often shifts negotiations because the higher-earner no longer harvests a tax benefit for writing the checks.
While online calculators offer ballpark figures, real cases hinge on narrative and nuance. An experienced local attorney:
Divorce is never just paperwork; it’s a pivotal moment to secure stability for yourself and any children who rely on you. If you are wondering whether you can obtain spousal support in Suffolk County, let’s talk. Chris Palermo has guided Long Islanders through complex maintenance cases for more than two decades, blending sharp legal strategy with down-to-earth advice. Reach out today and schedule a confidential consultation to chart your next chapter with confidence.
Sometimes during divorce or after a divorce concludes, the spouse receiving spousal support may begin cohabiting with another partner. Should you have to pay spousal support, which would effectively go to supporting that couple instead of an independent spouse?
Last year, a case called Sanseri v. Sanseri came before the New York Supreme Court and it addressed when a trial court can terminate maintenance.
New York law for terminating maintenance has changed over the years to keep up with our changing culture. In 1978, based on the case Northrup v. Northrup, the court ruled that unless the person was habitually living with a man and “holding herself out” as his wife, no modification was allowed.
Decades later, the NY Legislature restructured the concept of maintenance to provide financial assistance based on a model of “economic dependence.”
The husband and wife were not yet divorced because certain issues still had to be resolved. The court ordered maintenance when the divorce began based on income disparities. Later, the wife admitted to living with another man, sharing a bedroom and commingling finances through a joint checking account. She accepted an engagement ring from her new partner. She shared family activities with him, listed him as an emergency contact for her child, shared birthdays, holidays and they traveled together.
Whether she should continue receiving maintenance hung up on the point that she had never “held herself out” as the spouse of her fiancé.
After reviewing the details and applicable case law, the court ruled that the burden of proof requires that the wife show a need for maintenance or the inability to provide for herself. The court based the ruling on the new legislative economic-based theory. The wife can re-open the case and provide evidence that supports the continuation of maintenance as necessary for her to maintain independence in her current situation. Meanwhile, the court suspended maintenance, pending the outcome of the hearing to reopen the case.
If you have questions about spousal support, Attorney Chris Palermo will be glad you answer your questions and advise the best course of legal action.
Governor Andrew Cuomo recently signed Bill A7645/S5678, legislation passed by the New York legislature last summer to revamp spousal maintenance in New York. The initiative to establish new guidelines came when New York adopted no-fault divorce in 2010 (the last state in the country to legalize no-fault divorce). The legislature put temporary guidelines in place then, but promised to extensively review the statute and make permanent changes.
• Moving forward, spousal maintenance or alimony will be calculated using a formula. Under prior guidelines, the court determined it on a discretionary basis
• For purposes of employing the formula, income will be capped at $175,000, down from $524,000 under the prior guidelines
• The guidelines allow for a reduction of spousal maintenance payments for payors who are already paying child support
• Under the new provisions, the courts have some discretion to deviate from the guidelines, based on what judges determine to be unjust or inappropriate
• Under the new law, the longer the marriage, the longer the support obligation
• The new guidelines don’t consider “enhanced earning capacity” to be a marital asset in equitable distribution determinations. Accordingly, the worth of an advanced degree is no longer factored in when dividing marital property.
• Under the new guidelines, spousal maintenance ends if the recipient dies or gets remarried.
The bill retains many of the factors that the court may use to determine whether spousal maintenance is warranted, including age and health of the parties, waste of assets, and standard of living during marriage.
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