Post-Divorce Modifications

Divorce Decree or Settlement Modification

Child Support - Child Custody - Spousal Support

In order to obtain a decree or settlement modification in New York, you must be able to demonstrate that a significant change in circumstances warrants a modification.

Typically, modifications to agreements are more difficult than modifications to court orders. In many cases involving agreements, you must demonstrate the substantial change that occurred was unforeseeable and not contemplated by the agreement.

What types of post-divorce modifications are available?

Many obligations imposed by the divorce decree are modifiable upon a significant change of circumstances affecting your ability to meet the obligations imposed, your needs, or those of children. However, the vast majority of divorce modifications involve one or more of the following:

• Child support modification - Child support modifications include a request to increase child support or to decrease or discontinue child support. In making a determination regarding child support modifications, a court may consider changes in income, loss of a job, child emancipation, change of custody, and other factors.
• Child custody modification or child visitation modification - Factors that a court may consider in determining a child custody modification or child visitation modification include relocation (especially relocation out of state), changes to work schedules, changes to the child's schedule, a child's exposure to an unhealthy environment, and other factors affecting custody or visitation.
• Spousal support or spousal maintenance modifications - Spousal support or spousal maintenance modifications include requests to increase spousal payments, or to decrease or discontinue spousal payments. Factors that may be considered by a court regarding spousal support modifications or spousal maintenance modifications include loss of employment, receiving spouse becoming self-sufficient or receiving money from other sources (e.g., lottery, inheritance, etc.), remarriage, an accident, and other factors affecting the recipient's ability to become self-sufficient.

If you have a post-divorce modification issue, you should contact an experienced family law attorney as soon as possible. Your obligations and rights do not change automatically simply because your situation changed; you need a court order.

For more information about child support modifications, child custody modifications, or spousal support modifications under New York law, or to discuss your particular situation with an experienced New York divorce modification attorney, please schedule a free confidential consultation by calling 718-447-3700 or filling out the intake form on the Contact Us page.

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