When a couple goes through a divorce, they are required to settle their marital issues before the process is finished. Once agreements are made, they can be finalized by a judge so that they are considered the law. This means that they can be enforced by the court if they are not followed by either former spouse. However, the court recognizes that a person or family’s circumstances can change over time. When an arrangement no longer works for them, it is possible to request a modification. In doing so, it is important to retain the services of an experienced New York divorce attorney for assistance.
What Can be Modified?
In New York, modifications can be made to divorce and family law settlements that are decided during the proceedings. This can include the following matters
- Child Custody: If either a parent or child experiences changes in their lives and the current custody agreement no longer works, it can be modified.
- Child Support: If a person owes their former spouse child support payments and their financial situation changes, either party may request an increase or decrease in the amount that is owed.
- Spousal Maintenance: If one former-spouse experiences any changes in their financial or personal situation, they can request an increase or decrease in the amount that is owed.
Why May a Modification be Needed?
In order for a former spouse to receive a modification, they are required to prove there is a significant and ongoing change in their life that requires the change. The following are several reasons as to why a post-judgment modification may be needed:
- Their child reaches the age of emancipation and no longer needs child support
- Their child is in college and financial responsibility must be determined
- Either party begins living with another person and no longer needs spousal support
- If the child’s schedule changes, current custody, parenting, and visitation arrangements may no longer work and need to be adjusted
- If either former spouse receives a promotion, demotion, loses their job, becomes disabled, etc., a change in the spousal or child support payment amount may be needed
- If either party exposes their child to domestic violence, substance abuse, a serious mental illness, etc., custody agreements may need to change
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.