While divorce agreements are meant to provide a lasting resolution, life circumstances may change. When this happens, a modification may be required to better support the new conditions of each party. Whether a modification has been requested due to a change in income, relocation, or evolving needs of the children involved, a Queens / New York City divorce attorney that focuses on modification law can help guide anyone through this process.
At Aronov Law NY, our team of experienced attorneys and associates understands the intricacies involved when modifying a divorce agreement. We have modified many divorce agreements for previous clients to help them adjust the terms and conditions of child support, spousal support, custody arrangements, and even visitation schedules. With our team on your side, you can rest assured that your case will be handled with quality, care, and professionalism.
What Are the Most Common Reasons for Divorce Modifications?
New realities require an original divorce agreement to be modified to better accommodate evolving needs. Some of the most common reasons why divorced couples seek a modification include:
Changes in Income
A common reason for seeking a divorce modification is when one ex-spouse has experienced a change in their annual income. This can happen for many different reasons, such as being fired, being demoted, or facing new financial responsibilities. These specific changes may force one parent to request a reduction in their alimony or child support payments. If the receiving spouse starts making more money, the paying spouse can request a reduction in how much they’re paying.
Relocation
Another life event that can disrupt a child custody or visitation arrangement is when one parent needs to relocate. This could be due to new work obligations or other personal reasons. Because moving away can impact a child’s well-being and their relationship with their parent, a modification to the existing agreement can help reduce its negative impacts. New York courts will need to see a substantial justification for why the parent is moving.
Change in the Child’s Needs
A child’s needs are constantly evolving as they progress from toddlers to teenagers. Education, healthcare, and the extracurricular activities they are involved in are some of the most common areas where a child sees change. To ensure these important areas of their life are aligned with their goals and well-being, a modification request to increase financial support or make a change in their schedule can be useful.
Remarriage or Cohabitation
When an ex-spouse decides to remarry or enter into a new cohabiting relationship, it will have implications for the previous divorce arrangements established. For example, because one spouse will now have extra financial support from the new partner, this could lead to a reduction or termination of any alimony payments that were active. The addition of someone new could also influence custody and visitation agreements, necessitating a change to ensure the welfare of the child is prioritized.
Health Issues
If any new health issues have developed for either spouse or a child, certain modifications to the divorce agreement could be required to ensure they are properly tended to. This could include reduced or increased spousal support payments to help ensure the new medical expenses are taken care of. Depending on the exact health issues, they could also influence a parent’s ability to offer quality childcare. This would require a change to the custody order.
Non-Compliance With the Original Agreement
When one parent is constantly failing to comply with the original terms of the divorce agreement, the other parent is given the authority to seek a modification. Examples of non-compliance include missing child support payments, missing visitation meetings, or simply neglecting to fulfill any of the original agreed-upon obligations. Raising these issues in court can help enforce compliance or change the agreement to be more practical if needed.
Substance Abuse or Criminal Activity
When one spouse has engaged in illegal activity after the original divorce agreement was established, this demands a modification. The most common example of this is when one parent develops a substance addiction or commits criminal activity. If there is any evidence that they abused or neglected a child after the divorce was finalized, this would also qualify for a modification, as long as there is compelling evidence to prove it’s true.
What Evidence Can Help Support My Divorce Modification Request?
When looking to secure a modification to your divorce agreement, you will need to present compelling evidence to demonstrate how the change would be justified and favor the child’s interests. While there is an endless list of possible evidence that can support your position, the following are some of the most frequently used.
Financial Documents
Because financial changes are one of the most common reasons why someone would want to modify their divorce agreement, gathering financial documents will be key to securing the change. This could include pay stubs, income statements, or even your tax returns from the past few years. If you lost your job, a document showing your unemployment or job loss will be required. When you start a new job, proof of your new salary is required to adjust financial obligations.
Proof of Relocation
If you are requesting a divorce modification due to a recent move, you will need to provide evidence to support the necessity of the move. One of the most common examples to support a relocation request is an offer letter from a new employer. You will also need evidence to show that you are relocating, such as a lease agreement, a mortgage document, or even school enrollment records to show where their child would attend school when in your care.
Medical Records
When a health issue is the basis for a modified divorce agreement, the court will need to review a series of medical records before approving the request. At a minimum, a doctor’s note that describes their official diagnosis, along with the required treatment plan and medication, is required. This can help to demonstrate how much financial assistance someone needs to accommodate their new health issues.
Proof of Non-Compliance
It’s not possible to claim someone is non-compliant with their original divorce agreement unless you have evidence to support this assertion. If the individual has not been paying their child or spousal support, a lack of transactions on your own personal bank statements could help prove the funds never were sent over. If you keep a communication log of visitations and custody exchanges, a lack of entries could prove they are neglecting these obligations.
What Is the Difference Between a Modification and an Appeal in a Divorce Case?
Modifications and appeals are two different actions that can be taken during a divorce case. A modification is when someone wants the terms of an existing divorce agreement to be changed due to a shift in their personal circumstances, like having a change in income or relocating. Modifications don’t challenge the court’s original conclusion to the divorce but rather seek to change a specific element of the agreement.
Conversely, an appeal is an official request to a higher court to review a lower court’s decision. This request is an attempt to have the original decision overturned when a spouse believes the outcome was unfair or misguided. The court will then look at the processes of the lower court to determine if the law was applied fairly or in error.
How Long Does the Modification Process Take?
There are many different factors that impact how long the modification process will take until a final decision is made. The three most significant factors include how complicated the case is, what the current level of agreement or disagreement is between both parties, and how busy the court’s schedule is.
Straightforward modifications are the quickest to resolve, in which both parties are making the same request. In these cases, the court will verify that the request will not create any additional harm to all stakeholders involved, including any children. More contentious issues will take much longer to resolve due to the extent of the negotiations and the number of court hearings involved. If either party has a change of circumstance during the process, this can extend the timeline as well.
Can I Request a Temporary Modification While My Petition Is Being Processed?
Yes, there is the opportunity to request a temporary modification while your petition for a permanent decision is processing. This is usually required in scenarios where an immediate change is needed to address an urgent issue, such as a sudden loss of income or suspicion of domestic violence. These temporary orders can help offer a short-term solution for the individual in distress while the court takes its time to make a fair and final decision.
Contact Aronov Law NY Today
Seasoned legal guidance can help you successfully navigate the complexities of a divorce modification request with ease. At Aronov Law NY, our attorneys are dedicated to helping ensure all of our clients in Queens understand their rights and options throughout the divorce modification process. Whether you need to modify your child support order, alimony agreement, or any other condition of your divorce, contact us today to begin.
