Can I Receive a Post-Judgment Modification in New York?

During a divorce, couples are required to determine the future of their marital issues. Once this is done, the decisions can be approved by the judge so that they are considered the law. When this happens, it means they must be followed by both former spouses. If they are not, they can be enforced by the court. However, the court acknowledges the fact that a person and their family’s life changes over time. It is because of this that modifications can be made to a divorce settlement in order to better suit their needs. When seeking a post-judgment modification, it is important to retain the services of an experienced New York divorce attorney for assistance. 

What Can be Modified?

It is important to know that a modification can be made to any divorce or settlement agreement under the right circumstances. This can include the following matters: 

  • Child Custody: When either a parent or child’s life changes and their current custody arrangement no longer suits their situation. 
  • Child Support: When a parent paying child support experiences a change in their financial situation, either party can request an increase or decrease in payment amounts.
  • Spousal Support: When a former spouse’s personal or financial life experiences a change, either party can request an increase or decrease in payment amounts.

Why Would I Need a Modification?

When a person wants a modification made to their arrangement, they are required to prove in their petition to the court that there is a significant and ongoing change occurring in their life that calls for it. This may be in the event of any of the following situations:

  • A child reaches the age of emancipation no longer needs child support 
  • Financial responsibility must be determined to pay for college education 
  • Either party begins living with another person and no longer needs financial 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 changing

Contact our Firm

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.