Post-Decree Modifications in New York
Need to Make Changes to Your Divorce Agreement?
One of the top priorities in your
divorce proceedings will be to find agreements between you and your former spouse
that will work for years to come – but this often doesn't happen.
Life changes dramatically in the period following a divorce, and it is
highly likely that you will encounter a situation that requires you to
modify your divorce settlement.
When the need arises, you should work with a New York City divorce lawyer
who can help you with the entire process, from preparing your petition
to getting cooperation from a resistive ex-spouse and arguing your case
in court. Our firm can help you pursue a modification of your
child custody, or
alimony agreements or court orders.
Types of Legal Modifications
A Common Reason for Modifications: Children
Child custody is one of the most frequent grounds for a post-decree modification.
If you have physical custody of the children and need to move for any
reason, you will need to get a modification for
relocation before you can move with the children. Another common reason for a modification
is when changing financial circumstances make the current terms of child
support impossible to sustain. If you lost your job and can no longer
pay support, or you need to receive a larger sum every month, a legal
modification can help you. Contact Eiges & Orgel, PLLC to learn more
about your options.
Do I Have Grounds to Request a Modification?
In New York, either party has the right to file a petition for a modification
as long as a substantial change in circumstances has taken place. For
example, if the parent who is paying child support unexpectedly loses
their job – and is, thus, unable to pay the same amount in child
support each month – they can petition the court for a legal modification.
Changes in circumstance that could warrant a modification include:
- The parent with primary custody wishes to relocate
- The parent paying child support suddenly loses their job
- The parent receiving child support gets a significant raise
- The spouse receiving alimony payments gets remarried
- One parent becomes abusive or neglectful of the child
Why Modifications Should Be Handled in Court
It is not enough to get a verbal agreement with your former partner to
carry out a modification. A divorce settlement is a legal court order, and
verbal agreements aren't enforceable under law, so if the other party agrees but then doesn't carry out the new terms,
you cannot get the support of the court to
enforce compliance. On the other hand, you can be held in contempt of court for failure to
comply, even if you made a verbal agreement, which could lead to criminal
Discover How an Attorney Can Help with Your Case
A New York divorce attorney from Eiges & Orgel, PLLC can assist you
with petitioning the court for a modification, and we will work diligently
to meet your personal goals. Whether you hope to lower your monthly alimony
payments or adjust your visitation schedule, you can turn to our firm
for the experienced legal guidance you need. Contact us today!
Contact an NYC divorce lawyer at our firm for more insight on a custody or support modification.