Long Island Modification Lawyer
Can a Divorce Settlement Be Changed in Nassau County?
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 the agreement.
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. We are a full service family law and divorce firm and understand how important it is for you to resolve this issue quickly and efficiently.
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 was issued
- 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 lawyer for skilled guidance and representation when you need to make a post-decree modification after your divorce.
"Kira Schettino, this is just a note of appreciation for the long and tiring battle, we did win!! Many thanks for all your hard work. I wish you lots of success for all future cases."R.K.
"I recently had the displeasure of enduring a highly contentious and difficult divorce against an extremely bitter, unrealistic and deceptive ex. The process was painful but John made it manageable and fought hard to win the best possible outcome with a cou"Former Client
"How can I express my gratitude to Kira Schettino for taking the time and effort to prepare my case and represent me in court? Believe me, you have my complete admiration and respect for a job well done! I am also grateful to Amy Wilder my Social Worker for"J.K.
"John Virdone is an exceptional lawyer for grandparent's rights. He represented us in our grandparent custody case. Thanks to his expertise at our trial, we the grandparents won. He explained every step of the way and answered all of our questions. He is th"Linda D. and Vinnie D.
"John Virdone is an extremely honest and compassionate litigator. I have not met a more honest and ethical Attorney. He helped us get custody of our grandson. He knows the law!! He had our grandchild's best interest in mind when he took our case. We were no"S.C. Colorado