After couples separate or divorce, circumstances are bound to change for one or both parties or for the children as time goes by. It is common for divorcing couples to experience new jobs, new partners, and new locations. Additionally, as the children grow, their medical, educational, financial, and psychological needs can change as well.
In a divorce, however, issued court orders are long-term, binding agreements between both parties. At Peter L. Cedeño & Associates, P.C., our divorce attorneys in New York City know that peoples' circumstances can and do change over time, which means court orders may not remain agreeable. Thus, it is often essential to make modifications so that new and significant needs are met. If you need a modification to an existing court order, we can help.
You can trust Peter L. Cedeño with your modification needs because:
If there has been a significant change in your circumstances, or those of your ex or your child, then your situation may warrant a modification so that the new order can accurately reflect those changes. In New York, parties may seek a modification to an existing court order for the following types of court orders:
Either party has the right to file a petition with the court to modify an existing court order when a change in circumstances has substantially affected their financial situation. The party who is seeking to change an order must file a petition explaining the change and the petition must be served upon the other party. The court will hold a hearing to consider the change.
Circumstances a judge may consider when modifying child or spousal support, include:
The party seeking the modification bears the burden of proving that a change in circumstances warrants a modification by the court. This can often require extensive legal documentation and evidence, which means that it is in your best interest to have an NYC divorce lawyer on your side to help present your case. Our team can advocate for you to help ensure that court orders account for your needs.
If you are requesting a downward modification to your child support payments, note that your child support payments do not automatically change when your circumstances do. Even if you lose your job, you are legally required to continue making payments. In order to address your changing circumstances, you must make a request for modification.
We understand how important it is that your court orders are up-to-date and align with your current circumstances. Whether you are seeking a modification or need to contest one, we urge you to contact a New York City divorce lawyer from our firm. We stand ready to fight for your rights and use our knowledge of the law to enforce your rights through the local courts.
Schedule your initial case evaluation today!