Need A Post-Divorce Modification? Here Are Four Things To Know
After a divorce, the court will issue many orders depending on the circumstances at the time. These orders include spousal support, child support, child custody, and more. If there is one thing constant in life, though, it is change. No one can predict how things will change in the future, and the court orders that were once practical may no longer work.
Fortunately when this is the case, you can modify certain court orders. The complex, however, is not an easy one. If you need to change a court order, our Suffolk County post-divorce modifications lawyer explains four things you need to know.
The Courts Must Be Involved
Even if you and your former spouse agree to the changes, you must still take the matter to court. The court must approve and order any changes made to official orders before they are considered legal changes. If you do not agree, your former spouse must follow due process to change the existing orders, which also requires going to court.
You Must Present Strong Evidence
Family law judges will not modify a divorce judgment simply because it is inconvenient for you. The court will also not make changes to an order based on hearsay. If you want to change a child support, spousal support, or other order, you must show that there has been a substantial change in circumstances.
For example, if you have lost your job and can no longer afford the payments outlined in the current spousal support order, you can petition the court to modify the order. When proving your case, you must present strong evidence which can include your previous pay stubs, the names and addresses of anywhere you have applied to for employment, as well as a listing of your own expenses. After reviewing the evidence and listening to both sides, a judge will then determine whether there is a need for a modification.
The Children’s Interests Must Come First
If you want to modify a child support or child custody order, it is imperative to remember that the needs and best interests of the child must come first. When making modifications to any order pertaining to a child, the judge will only consider what is in the best interests of the child. It is important to keep this in mind when thinking about petitioning the court, to determine your chances of success.
The Process Can Be Lengthy
You may remember how lengthy the divorce process is, and hope to avoid the same type of process when obtaining a modification. But obtaining a modification can take some time. A judge will have to review everything that has been submitted to the court and if you and the other party disagree, it could also result in a hearing. It is important to remain patient during the process and to not rush it just so you can get the process over with.
Our Post-Divorce Modifications Lawyer in Suffolk County Can Help with Your Case
Post-divorce modifications are sometimes necessary but even when that is the case, they are not easy to obtain. At the Law Office of Joshua Adam Kittenplan, P.C., our Suffolk County post-divorce modifications lawyer can guide you through the process and give you the best chance of success with your case. Call us now at 631-499-0606 or contact us online to schedule a free consultation.