Support modification motions have long been regarded as among the most challenging and difficult applications to present to a court. This sentiment is even more appropriate in the current economic climate. While economic indicators appear to forecast improved financial days ahead, there is no way to predict when or if these changes will occur. In the meantime,more and more litigants struggle to find relief from support obligations they can no longer meet.
As we all know, the plights of some litigants are more genuine than others. Accordingly, current case law imposes upon the payor seeking a reduction in support the tremendous burden of proving a prima facie showing of changed circumstances, precisely to ensure that only truly afflicted individuals are afforded relief from the courts.
How do we set our clients’ legitimate change of circumstances apart from the throngs of litigants who are crying wolf? What can be done for the client earning $80,000 per year, yet is obligated to pay support based upon the $400,000 he was earning two years ago working on Wall Street? How do we prove that our clients’ changed circumstances legitimately deserve relief?
Our associate, Carmen Diaz-Duncan, Esq. recently published an article in The Young Lawyer’s Division Newsletter Dictum Vol. 37 detailing the necessary steps one must take when filing a support modification application. A copy of Carmen’s publication is provided for your review. For more information on how Newsome O’Donnell. LLC can help you with your modification application, please contact our office to schedule a consultation.Support Modifications in a Disastrous Economy.pdf