Modifying Spousal Support Based on the Payor's Mental Health
A severe physical injury presents a relatively straightforward example of what might bring about a cognizable claim of extreme hardship.The 'Palmer' decision examines a more nuanced example of what might constitute extreme hardship—the deteriorating status of the payor's mental health.
April 07, 2021 at 10:00 AM
5 minute read
The examination and focus on mental health in the legal profession and beyond has been gaining ground for some time now. Before the pandemic, in March 2018, Joseph Milowic III of Quinn Emanuel Urquhart & Sullivan wrote a moving article in this Journal regarding depression in the practice of law and the importance of finding meaning in what we do. After the pandemic, mental health issues have certainly come to the forefront on a variety of levels. Edward Steinberg, president of the New York State Trial Lawyers Association, wrote an article in August 2020 also in this Journal emphasizing the need to bring the topic of mental health "out of the shadows." The mental health impact of coercive control in the home—on the victim-spouse and children who occupy that home—has also been a continuing source of discussion particularly during the pandemic when an alarming increase in domestic violence has been reported.
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