How Do I Get a Post-Judgment Modification in NYS?
Divorce is often a complex and tumultuous part of a person’s life. Often, when a couple finally concludes their divorce and is handed down their divorce decree, they are required to follow that decree to a T. This means that all child support, custody, and alimony orders must be followed, property must be distributed accordingly, etc. That said, it’s not uncommon for circumstances to change and for terms initially reached in a divorce to no longer reflect a person’s situation in life. When this happens, they may seek what’s known as a post-judgment modification. Please continue reading and reach out to the seasoned Rockland County post-judgment attorneys from Jameson Family Law to learn more about how post-judgment modifications work and how we may be able to help you get one. Here are some of the questions you may have:
How do I know if I can get a post-judgment modification in New York State?
The first thing you need to understand is that to qualify for a modification, you will need to prove to a judge that there has been a significant, unforeseen, and lasting change that makes one or more aspects of your current divorce agreement unfeasible. Just some examples of divorce terms you can modify by proving there has been a significant change are as follows:
- Child Custody: If you were initially denied custody, or your ex was given primary custody of your child, but you believe that your ex is a danger to your child, you may request a modification to your custody order. For example, if you can prove that your ex has developed a substance abuse issue or has exposed your child to domestic violence, there’s a strong chance you can obtain a custody modification. Conversely, if you were initially denied custody based on a substance abuse issue, for example, and you can prove that you’ve taken the steps needed to improve yourself and resolve the issue, you may request a modification to get partial custody of your child.
- Child Support: When a child reaches the age of emancipation, or when a parent either loses their job due to no fault of their own, requires expensive medical treatment, or when there is a change in custody agreement, it may warrant a modification to the child support agreement in place.
- Alimony: If the spouse receiving alimony remarries, gets a higher-paying job, or otherwise comes into a large sum of money, it may warrant the termination of or a reduction in alimony.
If you have any other questions or believe you may qualify for a modification, please don’t hesitate to give us a call today.
Contact Our Rockland County Family Law Firm
If you are faced with a family law matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.