Is it possible to modify conditions of child custody, visitation, and child support in Brooklyn NY?
When a couple gets divorced and they have children, the divorce agreement usually includes provisions concerning child support, child custody and visitation. However, life is not static. Your life can change in the blink of an eye. As a result, you may need to seek a modification of these orders.
At the Bukh Law Firm, PLLC, we believe in providing assertive representation designed to protect the rights and interests of our clients.
Types of Post-Judgment Modifications We Handle
- Modifying Child Custody – The determining factor in a petition to modify a child custody order is what is in the best interest of your child, or children. A New York court typically examines the following issues related to your child:
- Emotional and Physical Health;
- General Welfare; and
- Educational Opportunities
- Modification of Visitation – Visitation schedules can be modified for a variety of reasons, including changes to your work schedule (or your spouse’s work schedule), your child’s school activities, and the changing needs of your child. As with custody decisions the interests of the child are the paramount concern.
- Child Support Modifications – If you are seeking a modification of child support, a court will review any changes in your income, including a sudden job loss or promotion, the emancipation of a child, change of custody, or the birth of another child. Depending on the circumstances, your child support obligations could potentially be increased or decreased.
- Spousal Maintenance Modifications – Alimony payments can be decreased, increased, or terminated depending on an array of factors. Some common issues in the modification of spousal support include the following:
- Your ex-spouse gets re-married;
- Your ex-spouse obtains full-time employment and becomes self-sufficient; and
- The loss of employment.
Over time, one’s life situation and finances can change dramatically. Whether you are entitled to a modification of child support or maintenance is often a complex legal question which depends upon the specificities of your divorce agreement. If you have no agreement, but a judgment after trial the standard for modification is less burdensome, in many cases, than a modification of an agreement.
In these types of cases, the Bukh Law Firm will carefully review the relevant legal documents and advise you on the viability of a request for modification.
Some situations such as a proposed parental relocation are far more complex and potentially contentious. Depending on the circumstances, our team of experienced and skilled Brooklyn family lawyers may be able to negotiate with your ex-spouse to achieve a workable and amicable solution. However, if there is no easy answer, these types of disputes may result in litigation. If this occurs, the Bukh Law Firm will effectively represent your interests in court in order to achieve your goal.
Modifications can regard several elements of family and divorce law, including spousal support, child support, child visitation and child custody rights. All of these family law issues can be crucial to your well-being and the well-being of your family.
Reasons for child custody of child support modification
In order to modify your support, visitation or custody arrangement in Brooklyn, a substantial change in the circumstances of a parent or your family must be demonstrated. Substantial changes include:
- Relocation to another city or state
- An increase in the income of the paying party, which usually results in an increase in the support order.
- A new schedule due to a change in employment or job loss
- Dangerous or negligent behavior by a parent, including problems resulting from drug or alcohol use or abuse
- Ineffective legal representation at your divorce
- Desire of children or older children to spend more time with the noncustodial parent
- Disability or illness of a parent or special needs of the child
If you are considering modifying your post-judgment support, visitation or custody arrangement, or facing issues of enforcement, it is important that your legal proceedings be handled by an experienced family law attorney who can build your case and protect your rights.
Our firm combines personalized service, vast experience and strong advocacy in and out of court to identify the arrangements that will work for you, and to work for persuasive arguments during the modification process. We have helped hundreds of people in both states NY and NJ fight for and win the modified arrangement that will serve their family circumstances and the needs of the minor child or children.
Regardless of the reasons or issues involved, it is important to seek a legal modification of a divorce agreement. Even when people agree to a modification, circumstances change, and it is important to have the power of the court to backup any agreement. We are committed to helping people modify divorce agreements to better meet their changing circumstances. Contact us now.