Post-Judgment Modifications in New York | What to Know
Sometimes, we experience major life changes, and the arrangements that once worked are no longer sustainable. This may be the case when it comes to child custody, child support, and alimony. In this event, you may need to request a post-judgment modification. Read on to learn more about post-judgment modifications in New York.
What Circumstances Warrant a Post-Judgment Modification?
Generally, if you and your attorney can prove that there is a significant change of circumstances, you will be granted a modification. Some examples of scenarios that may qualify are as follows:
- Your child has reached adulthood and will not be attending college. When this is the case, your child most likely no longer requires child support payments, as he or she should be capable of supporting him or herself
- You or your former spouse has either remarried or is now cohabitating with another person. In this case, your spousal support terms may need an update.
- Your child has had a dramatic or significant shift in his or her schedule, meaning sports, school, or any other aspect of his or her life that may warrant a change in child custody terms that better suit your child’s current situation.
- Your former spouse was found to have subjected your child to abuse, domestic violence, substance abuse, or now has a mental illness that prevents him or her from providing the standard of care your child deserves. Children already have their home life disrupted when spouses divorce, however, when a child is subjected to additional cruel or unsatisfactory parenting behavior, the situation can become even more traumatic, which is why these scenarios generally also warrant a change in child custody terms.
- In some circumstances, when a child reaches adulthood in the eyes of the court, but he or she is attending college, a continuation of child support payments beyond the initially-agreed upon date may be warranted.
- You or your former spouse have recently encountered a new financial situation, for example, a promotion, demotion, or coming into a large inheritance. Very often, such a dramatic financial change is deserving of a modification to alimony or child support terms.
If you require a post-judgment modification, you will have to prove to a New York court that this modification is necessary. In order to do so, you should enlist the help of an experienced family law attorney.
Contact our experienced Nassau County firm
The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.