Commack Post-Divorce Modifications Lawyer
Sometimes, even after a final judgment of divorce, circumstances can change so significantly that a court order regarding custody or support should be revisited. Even if the parties agree on a change, they must still go through the court system to get a modification of court orders, or else they can create more problems for themselves than they are trying to solve. If the parties don’t agree on a modification, then going to court can require litigation and an adversarial hearing. In either case, the Law Office of Joshua Adam Kittenplan has the knowledge, skills and ability to address your needs and represent you for a successful and satisfactory result. If you are seeking or opposing a modification or termination of an existing court order for child custody, child support, or maintenance, contact our experienced Commack post-divorce modifications lawyer today.
Child Support Modifications
New York law allows a parent to seek a modification of the existing child support order in any of the following situations:
- A substantial change of circumstances
- The existing order is three years old or more
- Either parent has experienced a change in their gross income of 15% or greater
The paying parent’s unemployment or reduction in income can only be a ground for modification if the change was involuntary and the parent made diligent attempts to secure employment commensurate with their education, ability and experience.
A parent’s incarceration is not considered voluntary unemployment and won’t prevent the court from finding a substantial change in circumstances, provided the parent is not incarcerated for failing to pay child support or committing an offense against the custodial parent or child.
A child support modification won’t reduce any arrears the paying parent owes.
Spousal Support Modifications
To modify a court order regarding payment of maintenance (alimony), the court will require a substantial change in circumstances. If maintenance is paid according to a prenuptial or postnuptial agreement or other contract, either the parties would have to agree to a change, or the court would require an even more substantial change in circumstances to modify a contract than it would its own order.
The right or ability of a custodial parent to move with the children might be limited by the existing court order, or it might be expressly allowed by agreement or court order. Either way, it might still be necessary to revise the existing parenting plan or timesharing schedule and get court approval. The court will decide on a proposed move-away in the best interest of the children, looking at the reason or need for the move and its impact on the child.
How Our Long Island Divorce Lawyer Can Help
A substantial change in circumstances justifying a post-divorce modification could include, for example, a change in income, up or down, for either party, a change in the living situation of either party, or a change in the needs of either party or the children. The Law Office of Joshua Adam Kittenplan can help negotiate a change to existing court orders and present a revised order to the court for approval. If you and your ex disagree over any proposed modification, our experienced litigator is a strong voice for you in the courtroom, representing your interests ably and diligently. We take the time to listen to you and get to know your concerns, and we craft a strategy to get a successful resolution in your favor in or out of court.
Contact the Law Office of Joshua Adam Kittenplan Today
If you are seeking or opposing a proposed change to child custody, child support, spousal support, or other New York court orders post-divorce, the Law Office of Joshua Adam Kittenplan can help. Call our experienced Long Island post-divorce modifications lawyer today.