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Post Judgment Modification

Looking for a divorce lawyer in Long Island? If you have already gone through the divorce process there are still legal concerns that can arise. This can include the need to change specific terms that were set forth in the divorce terms and this can be done in certain situations. Speak with a Long Island divorce lawyer or fill out a case evaluation form.

What can you modify?

In the state of New York there are a number of things that you can seek a modification for after a divorce has been finalized. Child support and spousal support can both be changed by those that are looking to make financial adjustments in the situation. The payments may be decreased or increased depending on what the court sees as fit. Another area of a divorce that may be modified if there is sufficient reason to do so is child support. This may be done on both sides and a parent may be looking to gain rights or have the other party be more responsible for the child. If the other parent seems to no longer be fit to care for the child then this option may also be pursued.

Why would you need a modification?

Modifications are sought for a range of cases but the main thing that needs to exist in a case is that a significant change in circumstances has taken place. The terms of the divorce were developed at the time of the divorce because it is what the court saw as fit but divorce terms can remain for years and they may no longer fit the situation. A change could take place in all types of ways. Finances are often one of the major areas that need to be adjusted. It can be that one of the parties lost their job and they are no longer able to provide support. They can seek to lower payments and the court will determine if they find valid reason.

A former spouse can also seek the payments being raised in situations such as where their needs increased. This is true in child support as well and if a child has faced health concerns or other financial needs then support may be raised. Child custody changes may be sought to raise or lower the amount of custody rights that a parent has and this may be needed if a parent is no longer fit to care for the child or they have grown since the divorce and are now able to have visitation rights. There are many reasons that modifications may be needed but it can be a personal call at the end of the day.

Will the court approve a modification?

A former couple can sometimes come to the decision together of whether or not they will seek a modification. They may be on amicable terms and can both agree that more child support is needed or that child custody should be changed. This can make it easier for the court to approve the decision but even if both parties cannot agree, a modification can still be sought. The court will need to be presented with the change in circumstances and what type of modification is being sought.

The divorce case will not be reopened but they will look at the original files, along with current situation in an effort to come to a decision. A modification can be difficult to obtain, especially without the assistance of a professional. Don't wait to gain a modification since waiting many put you in a financially difficult position. Set up a free consultation with our team and we can review your case. Call today for experience, honesty and integrity in your case.

50 Route 111, Suite 218, Smithtown, NY 11787

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The Law Office of Michael J. Brescia, P.C. - Long Island Estate Planning Attorney
Located at 50 Route 111, Suite 218 Smithtown, NY 11787. View Map
Phone: (631) 386-8767 | Local Phone: (631) 656-6505.
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