When a judge rules on a matter, their decision is legally binding and must be followed by all parties involved. That being said, a judge’s decision is made based on the current set of circumstances and facts that they are provided at the time of the ruling. A judge does not have the ability to predict the future and determine any possible changes in circumstance. With this in mind, the New York court system allows for modifications to be made to court orders that no longer meet their desired intent.
What types of court orders can be modified?
Modifications are common amongst family law matters. Though they do happen, it isn’t necessarily easy to have a court order modified. That being said, child support orders, spousal maintenance orders, child custody orders, and visitation orders may need to be adjusted due to a drastic change in the circumstances of someone involved. For example, if a parent’s work schedule is dramatically modified, it may be necessary to make changes to the custody arrangement.
It is important to note that court orders must be followed and if they are not, the violating party may face serious consequences. All parties involved must continue following the original court order until a judge approves of modifications. The judge is always going to rule in the best interest of any children that are involved.
The party who requests that a modification is made to a court order may be required to prove that their circumstances changed dramatically and that it would be in the best interest of the child to have the order modified.
If you have questions about modifying a court order in New York, it is important to speak with an experienced family law attorney. Our firm can guide you through the process to ensure everything is done in accordance with the law. Contact us today.
Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.