Unless they have substantial assets, former spouses who have lost their job, or have suffered an injury or illness and are unable to work, need relief from their maintenance or child support obligations. Under certain circumstances a party who makes diligent and good faith efforts to obtain employment after a job loss or injury may obtain a reduction of his support obligation from the court.
Domestic Relations Law (DRL) §236(B)(9)(b)(1) provides, in part, that, where there is no surviving agreement the court “may annul or modify any prior order or judgment made after trial as to maintenance, upon … a showing of a substantial change in circumstance, including financial hardship ….” DRL §236(B)(9)(b)(2)(i) provides in part that the court may modify an order of child support, including an order incorporating without merging an agreement or stipulation of the parties, upon a showing of a substantial change in circumstances. Incarceration is not considered voluntary unemployment and is not a bar to finding a substantial change in circumstances where the incarceration is not the result of non-payment of a child support order, or an offense against the custodial parent or child who is the subject of the order or judgment. (See also DRL §236(B)(9)(b)(2)(ii) which provides for two other grounds for modification which apply unless the parties have specifically opted out of that provision).
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