When you work with my firm, you can be confident that your case is in good hands. I have been serving the Bronx area since 1989 and I am proud to have an in-depth and up-to-date understanding of the various New York and federal laws governing family law matters and divorce. If you are considering filing a petition for a family law concern, do not hesitate to retain me as your Bronx divorce modification lawyer.
Bronx Divorce Modification Attorney
Modify a Support or Custody Order in New York
Divorce is often stressful, and when it is over, most of us would like to put it behind us and move on with our lives. However, circumstances can change over time, and the terms of the existing divorce order may need to be modified. If that is the case, you will need an experienced Bronx divorce modification lawyer for the best chance of obtaining the modifications you need.
Whatever your reasons for seeking modification, it is important to understand that the courts do not make changes simply because you ask them to. They will weigh all aspects of your case, and when minor children are involved, they will rule on the basis of the best interests of the children. You will need a seasoned Bronx divorce modification attorney to ensure that your requests have the best chance of being granted by the court.
At The Law Office of Ava G. Gutfriend, you can be confident that your case is in good hands with the Bronx divorce modification lawyer. I have 30 years of experience in divorce and family law, and an Excellent Avvo Rating. I have helped many clients obtain favorable settlements in the Bronx and the rest of the 5 boroughs. With my firm, you will not be treated as a case number. I will take the time to get to know you and your situation. I believe that successful resolution is only made possible by meticulous preparation and planning. I focus my practice around each client's needs and provide a personalized strategy for each case. I offer a initial consultation to prospective clients, and I invite you to take advantage of it so you can find out more.
Contact us for dedicated and experienced legal representation for a modification of an existing court order in New York.
On This Page:
- Child Support Modifications
- Child Custody Modifications
- Visitation Modifications
- Spousal Support Modification
- Get Help Today!
Types of Modifications in New York
There are a wide variety of post-divorce modifications that can be made even after your divorce has been finalized. If you are unsatisfied with the arrangements of your divorce, custody, or support decree, depending on your situation, you may be able to have your orders modified.
Child Support Modifications
Initial child support payments are usually determined by the court and therefore may be difficult to get modified. Situations in which you may be able to have your child support payments modified include:
- If there has been a significant change in circumstances (the child has developed serious medical issues, one parent has experienced a significant decrease in income, or one parent has become permanently disabled)
- It has been at least 3 years since the orders were initially entered or last modified
- Either parent has experienced at least a 15% change in their income
If any of the above situations apply to you, then you may have grounds to have your child support orders modified. It’s important to keep in mind that until your request for modification has been approved, you will be required to continue making child support payments. If your request is approved, the order will be retroactive to the date when you first filed the request for modification, but not before that.
Child Custody Modifications
When child custody arrangements are made, it’s usually determined by the court, with the child’s best interests in mind. Any modifications made must also have the child’s best interests as the top priority. The primary situation in which you can request to have those orders modified is if there has been a significant change in circumstances for either parent since the last order or modification and that the child’s best interests would be served by modifying the existing order.
A “significant change in circumstances” when it comes to child custody could include things like:
- Diagnosis of a serious illness in the parent who has primary custody
- International relocation of one parent
- A drastic change in the child’s quality of life with the current arrangements (failing grades, abuse, etc.)
If you need help filing a child custody modification, you can reach out to me today and discuss your situation in a consultation.
Visitation rights refers to the rights that a parent or other family member has to visit with the child following the divorce. Visitation modifications fall in the same realm as child custody modifications in that they must keep the child’s best interests in mind. Any petition for modification of visitation must also be based on a “significant change in circumstances” for either parent. Some common reasons to modify visitation orders include:
- You can prove that your child is in danger when with the other parent
- The current visitation order is creating an unstable environment for your child
- One parent is relocating, making the current visitation schedule impossible to maintain
- You believe that the other parent is an unfit guardian
Spousal Support Modification
If you are unhappy with the amount you are paying or receiving in spousal support payments, you may be able to request a modification to your spousal support orders. This will depend largely on the exact wording of your alimony agreement:
- Whether the orders are temporary or permanent
- Whether you and your spouse allowed modifications to be made or if you and your spouse specifically rejected future modifications
If you agreed to allow modifications, you can get your attorney’s help to submit a modification request based on any of the following reasons:
- There has been a significant change in either spouse’s circumstances
- There has been at least a 15% change in either spouse’s income
- A minimum of 3 years have passed since the order was established or the last modification was made
In some situations you may also be able to request the termination of spousal support orders. If you need help determining whether or not you qualify for spousal support modification, reach out to me today!
If your situation meets any of the above circumstances, you may be able to make a motion to modify your current divorce decree. Don’t wait! Call (888) 448-2068 to reach out to The Law Office of Ava G. Gutfriend today for the help you need.
New York Divorce Modification Lawyer: Seasoned Representation
There could be many reasons a divorce judgment may need to be modified. You may have lost your job or had to accept a lower paying position. Your former spouse may have developed a drug or alcohol problem, resulting in the need to modify child custody agreements. Your ex-spouse may have remarried, and you are seeking relief from the obligation to pay spousal support or child support. A non-working ex-spouse and custodial parent may have now chosen to enter the workforce. One parent may wish to relocate.