Life changes after a divorce or custody order — and New York law allows orders to change with it. Whether you are seeking a modification or defending against one, properly framing the petition or motion can be the difference between success and failure.
Modifying Custody and Parenting Time
Custody and access schedules may need to change because of a child’s evolving needs or preferences, a job change, relocation, or a parent’s failure to act in the child’s best interests. Modification is not automatic: specific legal requirements must be met. When the other parent files without a sound legal basis, we can move to dismiss; when a change is warranted, we sift the facts and present the evidence in the most compelling light. One warning: verbal modifications worked out between parents are not recognized by the court, and relying on them can create costly problems later.
Modifying Child Support
Under the Child Support Standards Act, support may be modified based on a substantial change in circumstances, the passage of three years since the order was entered or last modified, or a change of fifteen percent or more in either party’s gross income. Your agreement, however, may have opted out of the statutory grounds and permit modification only upon a substantial change in circumstances — such as job loss or a child’s changing needs, like attending college.
If you are ready to talk with an experienced matrimonial and family law attorney, call Most & Schneid, P.C. at (914) 997-9181 or request a consultation online. We serve clients from our offices in White Plains (Westchester County) and Garden City (Nassau County).