Long Island Modification Attorney
Divorce Settlement Modifications in Nassau County
When unforeseen changes in the months and years following the end of your
marriage make it difficult to live with the terms of your
divorce settlement, you do not have to struggle to cope with the situation. The
Long Island divorce lawyers at the Virdone Law Firm, P.C. can help you
make a request to the court to modify your final decree of divorce so
that you can move on in life. We are a full service
family law firm and understand how important it is for you to resolve this issue
quickly and efficiently.
Involving the Court
Any changes to your divorce settlement require the approval of the court,
as the decree is a legal document. If you have primary child
custody and need to
relocate for a new job, to be closer to family or want to make a fresh start, you
will have to submit a petition to the court to modify the custody agreement.
Similarly, a non-custodial parent can request a modification to increase
the visitation schedule or to claim custody rights. It is not enough to
get the other parent's agreement to the modification, as this is not
enforceable in the event that your former spouse has a change of heart,
and you can be charged with contempt of court for failing to abide by
Child Custody Modifications
Because the courts always act on what is presumed to be in the best interests
of the children, the courts will require substantial proof before modifying
a child custody order.
Grounds for child support modifications may include:
- Job loss
- Job relocation
- Parent's inability to care for the child due to health limitations
- Abuse, neglect, or domestic violence
- Child abandonment
- Child's preferences
- Other change of circumstances
As a child custody expert, Attorney John Virdone is particularly adept
at uncovering evidence that can not only prove the need for a modification
but also convey the importance of modifying a custody order to benefit
the child's well-being.
Child Support Modifications
Like child custody, child support can also be modified in the state of
New York. You will need to provide substantial proof demonstrating a significant
change in circumstances since the final order of child support was issued.
The courts may require proof of the following:
- Substantial change in child's economic needs
- 3 years have passed since the last support order was issued
- 15% increase or decrease in either spouse's income since the last order
- Other substantial financial changes
A court may use its own discretion when deciding if a significant change
has occurred and will use this discretion when determining whether a support
modification will be in the best interests of the child.
Do You Need to Change the Terms of Your Divorce?
The payment of child support and
spousal support is also subject to modification. If you have suffered a job loss or if
your child has increased financial requirements for education or healthcare,
an attorney from our firm will help you submit a petition to increase
the amount of support you receive every month.
Similarly, you can seek to reduce your obligation to pay if changes in
your financial situation have made it impossible for you to continue paying
at the same level or if you have evidence that the other party is now
in a position where support is not required due to a pay increase, inheritance
or other circumstances. The court will not entertain your petition unless
there is clear and persuasive proof that it is necessary, and we will
work to help you effectively present your case.
Contact a Long Island family lawyer
for skilled guidance and representation when you need to make a post-decree
modification after your divorce.