When a couple gets divorced in New York, there are various matters that will need to be determined. Many couples must agree upon child custody, child support, and spousal support. These arrangements are carefully calculated and meticulously planned in order to make sure they are fair to both parties. That being said, circumstances change. In some cases, these agreements no longer work for the individuals involved. If this occurs, you may need to request a modification. Read on to learn more about post-judgment modifications in New York.
What Issues can be Modified?
Some of the issues that are commonly modified include:
- Child support
- Child custody
- Spousal support
What Circumstances Might Call for a Modification?
Life happens. Sometimes, we experience major and unexpected changes. In cases of major life changes that will remain for the foreseeable future, you can request a post-judgment modification. Some examples of these situations include:
- A child reaches the age of emancipation does not need child support anymore
- Financial responsibility must be determined for college education payment
- Either party is living with another person and no longer needs support from their former-spouse
- If the child’s schedule changes, a former spouse may wish to modify custody terms, parenting time, and visitation schedule
- If either party receives a promotion, demotion, loses their job, becomes disabled, etc., the spousal or child support payment amount may need to change
- If either party exposes their child to domestic violence, substance abuse, a serious mental illness, etc., custody agreements may need to change
How Can I Modify an Agreement?
When an individual wishes to modify an agreement, it can be beneficial to first speak with their ex-spouse regarding the matter. Sometimes, exes are able to work out an agreement with one another on their own or through the assistance of mediation. It is important to note that even in these situations, the court must still approve the changes so that they are legal. If ex-spouses are unable to agree with one another regarding a new arrangement, the one who wants the modification can file the petition with the court. During this time, they are required to prove to the judge the change is necessary.
If you have any questions or concerns regarding post-judgment modifications in New York, contact our firm today. We are here to advocate for you and walk you through all of your family law matters. Do not hesitate to reach out and speak with an experienced and dedicated attorney.
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