How to get a Post-Judgment Modification in the State of New York
Naturally, as time goes on, your life changes. If you have finalized the terms of your divorce months, or even years ago, there is a good chance that at some point, these terms will have to be updated. Whether circumstances have changed for you, your former spouse, or your child, when life calls, you have to answer. If you are looking to change the terms of your divorce, here are some of the questions you may have:
What justifies a post-judgment modification?
There are several different factors you may wish to adjust in this agreement. However, you may only obtain a post-judgment modification if there is a significant “change in circumstance.” Here are some of the reasons you may request a post-judgment modification:
- If you or your former spouse has received a promotion, got demoted, or is now unemployed, disabled, or has had his or her job terminated, you may wish to adjust the terms of spousal support.
- If you or your former spouse are guilty of child abuse, domestic violence, substance abuse, or have a mental illness preventing you or your former spouse from parenting to the best of your ability, there should be an adjustment made to the child custody terms of your divorce.
- If your child has reached college age, the court may have to determine financial responsibility for college tuition and associated expenses.
- If your child has reached adulthood and is not going to college, he or she will most likely no longer require child support payments.
- If you or your former spouse are now cohabiting with another person, you may have to modify the terms of spousal support.
- If your child has a major schedule change, child custody terms and parenting time may need an adjustment.
How do I prove a post-judgment modification is really necessary?
As you are addressing very important issues concerning you and your family, you will need to prove that your request is completely legitimate. You and your attorney will have to gather various documents and information in order to validate your claim. For example, police reports, tax returns, financial documents, school records and more may all have an impact on the court’s decision. However, if you believe you and your former spouse can reach a reasonable agreement on your own, this may be your best option. If you and your former spouse succeed, you will submit a consent order to the courts. If the order is approved, you have officially modified the terms of your divorce to better suit the needs of your family.
Contact our experienced Long Island firm
The Pollack Law Firm, P.C., serving clients in Nassau and Suffolk County, is always available to assist and represent parties in divorce and all other matrimonial and family law matters. Please call today to schedule a free consultation: (516) 938-333