When a couple gets divorced, they will agree upon certain arrangements- including child custody, child support, and spousal support. Whether these arrangements are made, by the couple during mediation or by a judge during litigation, both spouses must adhere to them once the divorce is finalized. But, circumstances can change drastically over time, and these arrangements may need to be modified. If your divorce arrangements no longer work, you will have to file for a post-divorce modification. Read on to learn more about post-divorce modifications in New York.
What Calls for a Modification?
The decisions made during a divorce are carefully determined in order to be fair to both parties. Additionally, if the couple has children, these decisions are made with the child’s best interests in mind. Because these decisions are made so tactfully, they can be difficult to change. In order to obtain a post-divorce modification, you will have to prove that your situation has changed drastically and permanently. Some examples of this include:
- A child reaches the age of emancipation and no longer needs child support
- A child is in college and child support must be extended
- Either party remarries or begins living with another person
- The child’s schedule changes and custody, parenting, and visitation arrangements need to be adjusted
- Either party receives a promotion, demotion, loses their job, becomes disabled, etc., and a change in the spousal or child support payment amount is needed
- If either party exposes their child to domestic violence, substance abuse, a serious mental illness, etc., custody agreements may need to change.
How are modifications enforced?
In some cases, one spouse may not honor the new modifications. If this occurs, a New York court may need to legally enforce the modifications. A New York court may enforce an order by imposing:
- Pick-up and return of the children in public spaces
- Counseling for children or parents
- Temporary or permanent modifications to the arrangement
- Participation by the violating parent in an approved community service program
- Incarceration
- Issuance of a warrant if violations continue
If you have any questions or concerns regarding post-divorce modifications, reach out to our experienced firm today.
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.
