Couples in a divorce are required to settle their marital issues. Once this is done and decisions are reached, they can be approved by the judge to become the law. This means that they must be followed by both former spouses, otherwise, they can be enforced by the court. While this is true, the court understands that lives change over time. In some cases, these changes may require a modification to be made to a divorce settlement. When seeking a post-judgment modification, it is important to retain the services of an experienced New York divorce attorney for guidance.
What Can be Modified?
Modifications can be made to any divorce and family law settlements In New York. This can include the following matters
- Child Custody: When either a parent or child’s life changes and the current custody agreement no longer works.
- Child Support: When a child support paying parent’s financial situation changes, either party can request an increase or decrease in payment amounts.
- Spousal Maintenance: When a former spouse’s personal or financial life changes, either party can request an increase or decrease in payment amounts.
Why May a Modification be Needed?
When a former spouse petitions for a modification, they are required to prove to the court that there is a significant and ongoing change in their life that calls for a change to be made to their divorce settlement. This may be in the event of any of the following situations:
- 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
Contact our Firm
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.
