There is a host of reasons why a divorced couple may need to modify their decrees. To ensure the best outcome, the modification will need to be handled by an experienced New York City divorce lawyer, as the courts require parents to show extensive documentation. Most of the time, modifications are requested when:
A parent’s income increased, and the other parent wants to request additional child or spousal support payments.
The property division decision needs to be changed because something was left out in the original agreement.
A parent or spouse loses a job or otherwise suffers a drastic decrease in income and support payments need to be altered.
Custody and/or visitation arrangements need to be changed because of relocation or another situation.
The parent with custody of the child has shown an inability to be an appropriate guardian, and the custody arrangements need to be changed.
The custodial parent wants to relocate, and the spouse disagrees and wants the court to stop the move.
The child’s needs have changed based on any number of situations, and support payments or custody arrangements should be modified to reflect their new needs.
Modifications are serious matters. To make the needed changes, the case will need to be seen by a judge. Substantial proof will be necessary before any revisions of the original decree will be made. Modifications to child support can only be made upon a showing of a substantial change of circumstances. Additionally, there are limitations on the amount of income change considered “substantial.” In many cases, the court will only change the payment amount if the income has increased or decreased by 15% or more.
If a parent loses a job, he or she must prove the change was not voluntary (i.e. the parent didn’t quit) and that he or she has been making significant effort to find work. Spouses can define their own terms of the new arrangement, but they must submit an agreement in writing, and it must be accepted by the judge. Divorce modifications can be both time-consuming and costly, so it is important to seek experienced representation from a New York City divorce modifications attorney to get the outcome you desire in the most efficient way.