Attorney
Change is not something you can force on the court system. By its very nature, the legal system and the judges who oversee it are slow and deliberate. (There are even tortoises hidden through the United States Supreme Court building to symbolize this.)
As a business owner, this can be a tough pill to swallow. You are forced to be nimble to survive in the marketplace, so it seems ridiculous that you have to jump through a bunch of hoops to get the legal authority to implement a change to something so personal and well-known to you as your spousal or child support payments.
At Matteucci Family Law, we understand how frustrating this is. That’s why our team does its best to help families in the Albuquerque area who want to alter their support payments persuade the court that the time for change has come.
Can Alimony or Child Support Payments Be Modified?
Divorce settlements, including spousal and child support orders, are based on financial circumstances at the time of the divorce. However, for business owners, financial situations can be dynamic, fluctuating with market conditions, economic downturns, or business growth. When significant changes occur, modifying support obligations may be necessary, but not always allowable.
The problem is changes to support payments, if allowable are not automatic. And judges are not eager to modify support orders after they have been set. To prove a change is warranted, you must be able to persuade the court there has been a “material and substantial change in circumstances.”
When Can Modifiable Support Payments Be Modified?
Proving there has been a “material and substantial change in circumstances” is more of an art than a science. Here are a few examples of situations where someone paying or receiving support might be able to persuade the court a change is necessary:
- Significant Income Changes: A sharp decline or increase in business revenue affecting personal income may be a reason to alter payments. It is unfair to keep payments at their current level if the welfare of either the payer or recipient could be significantly improved with an adjustment.
- Business Growth or Decline: If a business experiences substantial growth or financial hardship, support obligations may need reassessment since a business owner’s income is so closely tied to the health of their business.
- Health Issues or Retirement: A serious illness or planned retirement impacting earning capacity can justify modifications.
- Changes to a Child’s Living Situation: If your child has changed their primary residence, and the amount of support being paid needs to be adjusted to fit this new reality, the court may be receptive to making a change.
However, it is important to remember that even if one of these factors is in play, a change in support is not guaranteed.
- In New Mexico, most child support payments are set via formulas and worksheets created by the state. If plugging updated information into the worksheet does not dramatically alter the current payment amount, the court is going to be reluctant to act.
- Most spousal support agreements can be modified. But there are a few that are set in stone and cannot be altered — such as lump sum payments made at the time a divorce is granted.
Serving Families with Dignity & Compassion
Navigating support modifications as a New Mexico business owner requires patience and perseverance. Those who rush to court or try to demand a change to their payments without sufficient evidence will not be successful.
Attorney Bob Matteucci can help you embrace your inner turtle and explain to the court why altering your alimony or child support payments is necessary. Contact him today to schedule a meeting.