Over 40 Years Of Post-Judgment Modification Assistance
Marriage creates relationships that do not necessarily end once a divorce is final. There are often unforeseen circumstances that create a need for a post-divorce modification of a divorce agreement. At Weinstein, Kaplan & Cohen, P.C., in Garden City, New York, we are committed to building relationships with our clients that enable us to effectively handle any necessary post-judgment modification issues.
When Do Courts Grant Modifications?
Significant changes in personal and financial circumstances can necessitate a modification of a divorce decree. A new job, remarriage, alcoholism or addiction, or an out-of-state move can all compel the courts to modify a divorce agreement. However, New York courts do not modify divorce agreements arbitrarily. They require a significant, unforeseen change in circumstances or, with respect to an upward modification or child support, proving that the reasonable financial needs of the child are not being met. We have represented innumerable clients seeking a variety of modifications of divorce judgments:
- Child custody modifications – The determining factor in petitions to modify child custody orders is what is in the best interest of the child. The courts typically examine issues involving the child’s health, welfare, and education when making modification decisions.
- Modification of Parental Time – Parental time schedules can be altered for a variety of reasons, including changes to parents work schedules, the child’s school activities, and the changing needs of the child. As with custody decisions, the interests of the child are the paramount concern.
- Child support modifications – The courts consider a number of issues when faced with requests to modify child support orders, changes in income, loss of a job, the emancipation of a child, change of custody, or the birth of another child. The primary test for an upward modification of child support is whether or not the reasonable financial needs of the children are being met. Depending on the circumstances, child support can be increased or decreased.
- Modification of spousal maintenance – Alimony payments can be decreased, increased, or terminated depending on a variety of situations. Some of the common issues in the modification of spousal support include remarriage, a spouse attaining self-sufficiency, or the loss of employment.
Regardless of the reasons or issues involved, it is important to seek a legal modification of a divorce agreement. Even when people agree to a modification, circumstances change, and it is important to have the power of the court to backup any agreement. We are committed to helping people modify divorce agreements to better meet their changing circumstances.
Discuss Your Case With New York’s Rising Attorneys
Your divorce agreement is a living document and should reflect a change in circumstances. Do not hesitate to seek legal advice from a seasoned family law attorney and call 800-491-9306 or request an appointment online.