Post-Decree Modifications in New York

Need to Make Changes to Your Divorce Agreement?

One of the top priorities in your divorce proceedings will be to find agreements between you and your former spouse that will work for years to come – but this often doesn't happen. Life changes dramatically in the period following a divorce, and it is highly likely that you will encounter a situation that requires you to modify your divorce settlement.

When the need arises, you should work with a New York City divorce modification lawyer who can help you with the entire process, from preparing your petition to getting cooperation from a resistive ex-spouse and arguing your case in court. Our firm can help you pursue a modification of your child support, child custody, or alimony agreements or court orders.

If you are looking to modify your support, custody or alimony agreements, don't hesitate to contact Eiges & Orgel, PLLC to start discussing your case today.

A Common Reason for Modifications: Children

Child custody is one of the most frequent grounds for a post-decree modification. If you have physical custody of the children and need to move for any reason, you will need to get a modification for relocation before you can move with the children. Another common reason for a modification is when changing financial circumstances make the current terms of child support impossible to sustain. If you lost your job and can no longer pay support, or you need to receive a larger sum every month, a legal modification can help you. Contact the New York City modification lawyer at Eiges & Orgel, PLLC to learn more about your options.

Do I Have Grounds to Request a Modification?

In New York, either party has the right to file a petition for a modification as long as a substantial change in circumstances has taken place. For example, if the parent who is paying child support unexpectedly loses their job – and is, thus, unable to pay the same amount in child support each month – they can petition the court for a legal modification.

Changes in circumstance that could warrant a modification include:

• The parent with primary custody wishes to relocate
• The parent paying child support suddenly loses their job
• The parent receiving child support gets a significant raise
• The spouse receiving alimony payments gets remarried
• One parent becomes abusive or neglectful of the child

Why Modifications Should Be Handled in Court

It is not enough to get a verbal agreement with your former partner to carry out a modification. A divorce settlement is a legal court order, and verbal agreements aren't enforceable under law, so if the other party agrees but then doesn't carry out the new terms, you cannot get the support of the court to enforce compliance. On the other hand, you can be held in contempt of court for failure to comply, even if you made a verbal agreement, which could lead to criminal penalties.