What to Know About Post-Judgment Modifications in New York
Have you experienced a major change, and your divorce agreements no longer work? In this case, you may need to request a post-judgment modification. Read on for more information.
What Circumstances Constitute a Post-Judgment Modification?
Once your divorce is finalized, it can be difficult to alter the arrangements you have agreed upon. That being said, there are a number of reasons to request a modification. Some examples include:
- 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 Obtain a Post-Judgment Modification?
It is important to note that you may only obtain a post-judgment modification if there is a significant “change in circumstance.”
In order to do this, 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. Additionally, it may be beneficial to enlist the help of a mediator.
If you have any questions or concerns regarding post-judgment modifications, contact our firm today.
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) 342-3575.