Post-Divorce Modifications in New York | What to Know

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Post-Divorce Modifications in New York | What to Know

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. Read on to learn more.

What arrangements can be modified?

When it comes to post-divorce modifications, you may be able to adjust the following:

  • 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?

In order to obtain a post-judgment modification, you will have to prove to the court that the modification is necessary. In order to do this, you will likely need the help of an experienced family law attorney. Some circumstances that might call for a modification include: 

  • 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

How are modifications enforced?

If your ex-spouse does not adhere to the modifications, they made need to be enforced in some of the following ways:

  • 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

Our firm understands that things change. An arrangement that worked at one time may not work down on the line. Our firm is here to help. Reach out today to discuss your case with an experienced and dedicated family law attorney.

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.

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