Ability to increase assets


If his income has increased by 15% or more that is a basis for a modification of child support. However, it is not a basis to modify alimony because alimony is based on the standard of living during the marriage.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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In the Final Orders, the Court did not address the ability to increase the assets of my ex-husband. Due to his ability to increase his assets by over 100,000+ per year, this will only widen the income gap and disparity in living standards between us over time. It has been 3 years since the child support order was rendered and 6 years since the separation with him having the ability to increase his assets during this time. I was receiving 4200 (voluntary-until court ordered PSS) and am receiving 3900 per month (child and alimony/court ordered down from PSS of 6300) now while he admitted to having over 19,000(post tax) per month after paying me child support and alimony. He was also awarded more than 50% of the property in the final orders. Could this possibly be considered a substantial change of circumstances and the fact that some courts will consider that a child should be entitled to enjoy the standard of living of the wealthier spouse? The income disparity is over 250,000 per year at this point and rising with each passing day. The custody order is 50/50 and joint custody. The income differential at the time of the orders was over 20,000 per month.