Divorce Modifications Attorney

Serving Nassau & Suffolk Counties

Unfortunately, getting divorced does not always end the acrimony nor the litigation, particularly when there are ongoing support obligations or minor children. When you or your spouse take on new professional challenges, experience the loss of a job, change residences, or make other life changes, it may impact the terms of your divorce judgment, agreement, or stipulation of settlement.

Post-Judgment Divorce, Support, and Custody Modifications in Nassau & Suffolk Counties

At Joseph Law Group, P.C., our family law attorneys offer post-judgment modification services to both seek to modify the terms of your settlement, including child support obligations and parental access/visitation, spousal support or alimony, and to defend against such modification attempts. Our firm also provides post-judgment enforcement to prosecute or defend contempt-of-court issues, enforce alimony/maintenance and child support, and ensure that other conditions of your settlement are met. When you have post-judgment concerns or need to modify an existing court order, our team can help you.

Types of Modifications

Divorce modifications are legal changes made to an existing divorce order, and they often address changes in child custody, child support, or spousal support arrangements.

Custody Arrangements: Modifications to child custody typically arise when there has been a significant change in either parent’s or the child’s circumstances. Such circumstances may include a change in living arrangements, work schedules, or concerns about the child’s well-being.

Child Support Obligations: Changes in child support are often requested when one parent’s financial situation changes substantially, such as after a job loss, promotion, or significant increase in expenses related to the child’s care, such as medical or educational costs.

Spousal Support (Alimony/Maintenance): Modifications to spousal support may be sought when the financial circumstances of either party have changed dramatically. Such circumstances could include the paying spouse experiencing a reduction in income.

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Legal Process for Modifications

In New York, the legal process for filing for a divorce modification requires specific steps and documentation. Here is an overview of the steps involved:

File a Petition with the Family Court or a motion with the Supreme Court, requesting the modification
Provide evidence of the required change in circumstances that warrants the modification
Submit supporting documentation, such as financial records, medical reports, or employment information
Attend a hearing where both parties present their cases
Await the court’s decision regarding the requested modification

Gathering comprehensive documentation and evidence to support your request is important, as courts require substantial proof before granting a modification. The timeline for processing a modification request can vary depending on the case’s complexity, but it generally takes several months, if not longer.

Factors Influencing Modifications

The court carefully evaluates several factors when deciding whether to grant a modification. These include:

Substantial Change in Circumstances: Courts typically require that at a minimum, a significant change in circumstances be demonstrated before modifying any aspect of a divorce agreement. This change must be substantial enough to justify revisiting the original terms.
Best Interests of the Child: The court’s primary consideration is the child’s best interests for custody modifications. The court will evaluate how the proposed changes impact the child’s well-being, stability, and relationship with both parents.

Financial Changes: A dramatic change in one party’s financial status, such as a job loss, disability, or remarriage, may warrant a modification in spousal or child support.

Examples of situations that may justify a modification include a parent’s relocation for a new job, a significant change in the child’s health or educational needs, or one party’s inability to meet financial obligations due to job loss or health issues.

Potential Outcomes of Modification Requests

Once the court reviews your modification request, there are several potential outcomes:

The court may approve the modification, adjusting the existing terms of child custody, child support, or spousal support as requested.
The court may deny the modification if it determines that the change in circumstances is not substantial enough or that it is not in the child’s best interests.

Failure to comply with any court modified order can result in significant legal consequences, including fines, wage garnishment, or even jail time in extreme cases. As such, it is imperative that you have outstanding legal representation in these circumstances.

Every Family’s Modification Needs are Unique–So is Our Approach

If you need to modify your divorce agreement, or defend against a modification, consulting with an experienced family law attorney can ensure your modification matter is handled correctly. At Joseph Law Group, P.C., we provide outstanding and honest legal guidance, and the resources and skill needed to most effectively guide you through the modification process.