Divorce represents a significant change in a person’s life, so it’s only natural for other elements of life to also change in the subsequent months and years. Courts in New York recognize this, which is why in some cases, they allow individuals to obtain post-judgment modifications. If your current divorce agreement no longer reflects your circumstances in life, our seasoned Long Island divorce modification lawyers are here to help. Contact Sklavos Law Group, PC for your initial consultation today.
In New York, modifications to child support or child custody orders are not taken lightly and require a valid reason supported by evidence. Courts aim to uphold stability for children, so you must demonstrate a substantial change in circumstances to justify a modification. For child custody, this could include a significant shift in a parent’s living situation, a relocation that impacts parenting time, evidence of neglect or abuse, or a change in the child’s needs, such as health or education concerns. For child support, valid reasons might include a substantial increase or decrease in either parent’s income, the loss of employment, or changes in the financial needs of the child, such as medical expenses or tuition.
It’s important to understand that both parents have the right to request a modification, but the court will always prioritize the best interests of the child when making its decision. Our team of Long Island family lawyers can help ensure your case is presented effectively, giving you the best chance of securing a fair outcome.
Alimony, also referred to as spousal maintenance in New York, can also be modified under certain conditions. To obtain a modification, the requesting party must typically show a significant change in circumstances. Common reasons include the loss of a job or other substantial decrease in income, a serious illness or disability that impacts earning capacity, or the remarriage or cohabitation of the receiving spouse. In some cases, a change in the financial standing of the paying spouse—such as a significant increase in income or assets—could also warrant a reassessment of the existing alimony agreement.
It’s worth noting that the type of alimony originally awarded (temporary, rehabilitative, or permanent) and the specific terms outlined in your divorce agreement may impact your ability to seek a modification. Working with an experienced attorney ensures you have the guidance needed to navigate this process and advocate for a fair adjustment.
The process of seeking a post-judgment modification in New York starts with filing a petition in the family court or supreme court, depending on the type of order being modified. The petition must clearly outline the changes in circumstances that justify the request. Once filed, the other party will be served with the petition and given an opportunity to respond. From there, the court may schedule a hearing or conference to review the evidence and arguments presented by both sides.
During this process, it’s crucial to gather and present compelling documentation to support your case. This might include financial records, employment information, medical documentation, or proof of changes to the child’s needs or living situation. The court will carefully evaluate the facts before making a decision.
Having an experienced attorney by your side can help ensure that all legal requirements are met and that your rights are protected throughout the process.
Don’t go through the divorce modification process without a skilled team of Long Island family lawyers in your corner. Our firm has extensive experience ensuring our clients’ interests are protected, and we’re prepared to put that experience to work for you as well. Contact us today so we can get started working on your case.
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