In New York, those who have gone through a divorce are generally eligible for a modification when they experience a significant change in circumstances. As such, this can impact matters like child support, alimony, and custody. However, the courts in Suffolk County and throughout New York require evidence that a significant change has occurred. It’s important to understand when these changes are granted in order to protect your finances and parental rights. For individuals in Suffolk County and across Long Island, working with an experienced local attorney is critical, as court expectations and cost-of-living matters must be taken into consideration.
What Arrangements Can Be Modified After a New York Divorce?
When you get divorced, the matters of your divorce will be carefully determined in order to be fair to both parties. Because these decisions are made so thoughtfully, they can be difficult to change. If you wish to change the terms of your divorce, you will have to request a post-divorce modification.
Types of Divorce Orders That Can Be Modified
- 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.
What Circumstances Call for a Modification?
To obtain a post-judgment modification, you will have to prove to the court that the modification is necessary. As mentioned, New York courts require a substantial change in circumstances in order to modify an existing court order. This helps ensure that court orders are not changed without valid reasons.
Common Changes That Warrant a Modification in New York
- A child reaches the age of emancipation and no longer needs child support
- Financial responsibility must be determined to pay for a 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 the 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
- One parent relocated, significantly impacting parenting time or visitation with the child
- There are substantial changes in the child’s educational, medical, or developmental needs
How Do You Request a Post-Divorce Modification in New York?
To request a post-divorce modification in New York, you must file a formal petition with the court that issued your original order while illustrating the substantial change in circumstances that justifies revising custody, child support, or alimony matters.
Steps to Seek a Modification
- File a formal petition for modification in the Family or Supreme Court
- Provide documentation that supports your claims of a substantial change in circumstances
- Attend scheduled court hearings where the judge will review your request and documentation
- Receive a revised court order if the modification is approved
How Are Modifications Enforced in New York?
If your ex-spouse does not adhere to the modifications, they need to be enforced through court action. It’s imperative to understand that, even though this can be frustrating, you should not attempt to retaliate in any way. Doing so may only negatively reflect on you when dealing with the courts. Instead, document all instances of non-compliance to help support your request for enforcement.
Enforcement Actions the Court May Take
- 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
Contact Our Suffolk County Family Law Firm
Peter V. Mandi & Associates 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 to learn how we can represent you.
