Bronx Modifications Lawyer

Reliable Bronx Attorneys for Divorce Agreement Changes

The terms of a divorce settlement carry the full power of law. But what happens when a change of circumstances makes those terms outdated, difficult to uphold, or both. The state of New York allows for changes to a settlement, but it’s imperative to go through a Bronx modifications lawyer to amend an agreement. 

Your Trusted Bronx Family Law Firm Since 1985

Our family law firm has a real family atmosphere. With a tight-knit staff and a thorough understanding of the law, customer satisfaction and positive outcomes are the top priorities. Attorney Jayson Lutzky, with thousands of cases in an award-winning career that goes back to 1985, leads a talented team that includes an associate attorney, three dedicated paralegals, and helpful partnerships with other lawyers if your case goes to trial. 

Not only is our team exceptionally experienced in New York family law, we have a reputation for treating each case with care and respect. Your case will receive our full attention and we do not hesitate to take the extra measures that make you feel confident in your decisions. Trust our passionate, educated, and fully bilingual staff to take care of you. 

Need to modify your divorce agreement? Let us guide you through the process. Contact us today at (718) 550-2881 for a free consultation!

Top Reasons to Modify Your Divorce Agreement in New York

The following life changes are ones that may persuade a New York family court judge to authorize modifications to the existing divorce settlement…

Income Changes Affecting Child Support in the Bronx

The change can be either up or down, and the impact could be felt in child support payments. The original plan would have been structured to reflect each parent’s income. If the parent who makes support payments loses a job as a corporate executive and takes a lesser paying role, then the conditions that led to the original plan are no longer in place. Or, if that same parent were to get a promotion to corporate executive, they are now likely earning a much higher income than when the agreement was signed. 

Children share in the lifestyle of their parents, and the ups and downs that lifestyle may go through. That’s why significant changes in income are grounds for a Bronx modifications attorney to seek an alteration to the divorce settlement. 

Relocation and Child Custody Considerations in New York

What if the parent with primary physical custody wants to relocate? It’s likely that the child custody agreement has terms that prevent relocation beyond a certain point without approval from the other parent. But the other parent’s veto power is not absolute. The reasons for the request will be considered. 

The parent who lost one job and found another one in New Jersey has a better case for modification than does a parent who is looking to start a relationship with someone in Florida. The child who has strong friendships at home and is doing well in school will be looked at differently than the child who might benefit from a fresh start. In all custody cases, both in the original settlement and in any modification requests, the child’s best interest is always the paramount consideration. 

Adjusting Child Support for New Family Responsibilities in the Bronx

When both parents live under the same roof, the arrival of more children mean that available income has to be spread out. The same applies if a divorced parent has another child, or inherits stepchildren via a new marriage. 

How to File for a Divorce Modification in New York

If you need to modify your divorce agreement in New York, it’s essential to follow the proper legal steps. Here’s a step-by-step guide:

• Determine Eligibility for Modification
  Modifications are typically granted only when there’s been a substantial change in circumstances. This could include changes in income, job loss, relocation, or a child’s needs.
• File a Petition for Modification
  You’ll need to file a petition with the court that handled your original divorce. This petition should outline the reasons for the modification and the specific changes you’re requesting.
• Provide Necessary Documentation
  Gather all relevant documents to support your case. This might include pay stubs, medical records, proof of a change in living circumstances, or any other evidence that justifies the requested modification.
• Serve the Petition to the Other Party
  Once you file the petition, you must serve the other party (your ex-spouse) with the papers. This ensures they are informed of the modification request.
• Attend the Hearing
  After the petition is filed and served, the court will schedule a hearing. Both parties will present their case, and the judge will consider the request based on the evidence provided.

Common Issues That Lead to Divorce Modifications

There are various situations that can lead to a modification of a divorce agreement, including:

• Health Changes: If either spouse or a child experiences a significant health issue that impacts the ability to work or provide care, this may warrant a modification of support or custody terms.
• Domestic Violence: If allegations of domestic violence arise post-divorce, the court may modify child custody or visitation arrangements to protect the safety and well-being of the children or the abused spouse.
• Significant Changes in the Child’s Needs or Lifestyle: As children grow, their needs evolve. This could mean changes to child custody or child support to better suit their education, extracurricular activities, or emotional needs.

What to Expect During the Divorce Modification Hearing

Once your petition for modification is filed, the court will schedule a hearing. Here’s what you can expect during the process:

• The Hearing Process: During the hearing, both parties will present evidence and make arguments in support of their modification request. Your attorney will help you prepare your case to ensure all relevant factors are addressed.
• Timeline: The length of the hearing varies depending on the complexity of the case, but most modification hearings last between 30 minutes to a few hours.
• How the Court Evaluates the Request: The judge will consider several factors, including the reason for the modification, the evidence presented, and how the changes will affect the child’s best interests or the spouses’ financial obligations.
• Decision: After hearing both sides, the judge will either approve or deny the modification request. The decision may come immediately or within a few weeks.

Understanding this process will help ensure you are prepared to request a modification effectively and to navigate any challenges that may arise.

Alimony Modifications After Remarriage in New York

When a spouse is receiving maintenance payments (alimony) the terms usually are that the payments will expire when they remarry. 

These are some of the prime reasons for modifying a divorce settlement. What has to be emphasized is that spouses must go through the legal process of having the court change the agreement. There are certainly situations where divorced spouses are on reasonably good terms and might be tempted to adjust the agreement on their own--i.e., one parent loses their job and the other agrees to accept less in child support. While the sentiment is admirable, the unilateral approach can cause big problems. The best way to handle all such situations is to have the attorneys put in a request for a modification via the proper channels.

Facing a major change in your divorce terms? Our experienced team is here to help. Contact us now at (718) 550-2881 to discuss your options!

Frequently Asked Questions (FAQ)

• How long do I have to file for a divorce modification in New York?
  There is no strict deadline to file for a divorce modification, but it is important to do so as soon as possible after a significant change in circumstances. Waiting too long may affect the outcome of your case, as the court may question the delay in requesting a modification.
• Can a modification be made to a divorce agreement even if both parties agree?
  Yes, a modification can be requested even if both parties agree. However, the modification must still be approved by the court to ensure it complies with New York law and serves the best interests of any children involved.
• Can I modify a divorce agreement if my ex-spouse is not cooperating?
  Yes, you can file for a modification even if your ex-spouse is uncooperative. The court will review the evidence and make a decision based on the facts, regardless of your ex’s agreement. If necessary, you can request enforcement of the modification once approved.
• Will the court consider my ex-spouse’s financial situation when modifying child support?
  Yes, the court will take into account both parents' financial situations when modifying child support. If your ex-spouse’s income has significantly increased or decreased, this can influence the support arrangement.
• Can I modify custody arrangements without going back to court?
  Custody arrangements must be modified through the court system. Even if both parents agree to a change, it must be formalized through a court order to be legally binding.
• Can I request a modification if my child’s needs have changed over time?
  Yes, if your child’s needs change significantly—such as needing special education services or requiring more time with one parent—the court may modify custody or support to reflect those changes.
• How do I know if I have grounds for a divorce modification?
  Grounds for modification typically include significant life changes such as job loss, health issues, relocation, or a change in the child’s needs. Consulting with a Bronx modifications lawyer can help you assess whether you have valid grounds for requesting a change.