Life after divorce can throw you a curveball and often result in unexpected changes that can make your previously workable settlement unworkable. In New York, you may be able to modify your divorce settlement agreement if changed circumstances affecting your child’s welfare have occurred.
Typically, obtaining a post-divorce modification requires that a significant change of circumstances has occurred. In such a case you may go to the family court and request a modification of your settlement. The most common changes requested in a post-divorce modification include:
• Child support. Requesting a change in child support is usually made when one of the parents has a significant change in their financial situation, such as: reduced income; loss of a job; a serious illness; or additional child support obligations from another relationship.
• Child custody and visitation. You may request a change in your custody and/or visitation agreement if your ex spouse is seeking a move-away order because they want to move out of New York to another state. Or, you believe your ex spouse has become unfit or unable to care for your child because of: drug or alcohol abuse; severe injury from an accident; your ex suffers from a disabling disease; his or her inability to provide a stable home environment for your child; physical or mental abuse of your child; your ex spouse’s failure to provide an education, health care, adequate clothing or food for your child.
• Spousal support. Changes in spousal support payments may be requested when either spouse’s financial situation changes, such as: the death of either spouse; the remarriage or cohabitation of the dependant spouse; an increase or decrease in income; loss of employment and; a serious illness.
• Debt and asset distribution. You may be able to request a change in debt and asset distribution if you can show that your ex spouse didn’t provide full disclosure of his or her assets at the time your marital property was determined.
Talk to a New York family law attorney
If you feel your change in circumstances warrants a post-divorce modification, you need to speak to an experienced Long Island divorce attorney to discuss your options.