A post-divorce modification is needed when the matters of your divorce no longer suit your current situation. You may need to modify matters like child custody, child support, or spousal support. But, it can be difficult to modify these arrangements. As a result, it is important to be educated about the process. Read on to learn more about post-divorce modifications in New York.
How do I know if I am eligible for a modification?
It can be difficult 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 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
Are modifications permanent?
The arrangements of your divorce are legally binding. For example, if you are ordered to pay a certain amount of child support, you must pay that amount on time. The same goes for a modification. Once a New York court grants a modification, it becomes binding. If your ex does not adhere to the new arrangements, these arrangements may be enforced. Some ways a modification will be enforced include:
- Compensatory time with the children
- Economic sanctions
- Modifying transportation arrangements
- 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 are in need of a post-divorce modification, our firm is here to help. Reach out today to speak with an experienced and dedicated family law attorney.
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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.
