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Modifications

A significant aspect of divorce proceedings involves couples negotiating an agreement on splitting assets, raising children, and other family matters. However, circumstances can change, which may necessitate modifying an existing divorce agreement.
The divorce attorneys from The Law Offices of Gildin & Chapman can help individuals seeking modifications of court orders for a wide range of divorce issues, including custody and support agreements. Tensions and emotions can run high in divorce cases, but we can negotiate your issues effectively and work toward your desired outcome.
Contact our offices today to speak to a post-divorce modification attorney in New York.

Why Choose The Law Offices of Gildin & Chapman?

Attorneys Steven Gildin and Brent Chapman have over five decades of collective experience providing services to New Yorkers of all backgrounds. Our firm focuses primarily on family law, so we have a unique understanding and knowledge of these issues. Family law intersects with some of our lives’ most personal and private aspects, but we know how to manage issues with tact and empathy. You can count on us to provide strong advocacy with clear and persuasive arguments. Your interests and well-being are our priority.

Reasons To Modify a Pre-Existing Divorce Order

Court-issued divorce orders are legally binding and serve to both clarify duties and compel behaviors following a divorce. However, they are not meant to be permanent, and changing circumstances can justify one side requesting a modification. Potential reasons to revisit an existing divorce order could include:
  • One parent has switched employment or lost their job.
  • The child's needs have changed as they've aged.
  • One household’s income has experienced substantial increases/decreases.
  • A parent or child becomes severely ill.
  • One spouse remarries or starts living with a new partner.
  • The custodial parent seeks to relocate with the child out of state or internationally.
  • There are concerns about physical abuse or substance use.
To request a modification, you file a petition with the relevant court, which will then schedule a hearing. During the hearing, both sides will present evidence and arguments for their positions. After the hearing, the court will decide whether or not to grant the modification.

Types of Legal Modifications to Divorce Orders

A petition for modification seeks to change a pre-existing divorce order. Modifications are most commonly requested for the following matters.
Child Custody
Custody disputes are a significant motivation for post-divorce order modifications. A couple might create an initial custody agreement that becomes obsolete over time as the child grows and develops. Changes in a parent’s fitness or ability to raise the child can also be grounds for custody modifications.
For instance, a parent can request unsupervised visitation rights after demonstrating good behavior, or a parent might petition the court for sole custody. The latter option may be the case if one side has significant concerns about physical/sexual violence or drug abuse.
Child Support
Courts base child support orders on each parent’s ability to financially contribute to the life of the child. As such, if one parent’s financial situation significantly changes, it can warrant reassessing support payment agreements.
For example, if the noncustodial parent’s income substantially increases, the custodial parent could request a child support modification to receive larger payments. Conversely, losing employment could be grounds for the noncustodial parent to request a modification to reduce child support payments.
Spousal Maintenance
Spousal maintenance or alimony agreements exist so that non- or lower-income-earning spouses have the means to support themselves after divorce. Payments are based on the spouse’s need, so substantial changes in their finances may trigger modification requests.
An extremely common reason to request maintenance modifications is that the receiving spouse remarries or becomes self-supporting. A paying spouse can also request modification if their income drops or they become too ill to work.
Property Division
New York is not a community property or 50/50 state, so property division after divorce follows a “fair and equitable” standard. As with other orders, a significant change in circumstances can justify modifying an existing property division agreement.
One possible reason to request a property division modification is if marital assets or liabilities were initially appraised incorrectly. There may also be grounds to revise a property division agreement if it’s discovered that one spouse concealed marital assets or committed fraud.

The Role of Mediation in Divorce Order Modifications

In certain cases, a judge might require mandatory mediation before allowing a modification hearing. During mediation, a neutral third party will help the two spouses work out an agreement regarding the issue. If an agreement can be reached, the case can settle without going to a formal hearing. Mediation can be an ideal alternative dispute resolution for those who don’t want to spend money on litigation.

What Happens If One Spouse Refuses To Obey a Divorce Order Modification?

Court-issued divorce orders are legally binding, and courts have the power to compel compliance. If your spouse refuses to abide by the modified agreement, one option is to file a petition to enforce. If granted, a petition to enforce can force the offending spouse to submit to the order, on pain of legal penalty. The noncompliant spouse could be subject to fines, administrative penalties, or, in cases of continued refusal, criminal contempt charges.
For instance, say the noncustodial parent refuses to comply with a child support modification to make larger payments. The custodial parent could file a petition to enforce the order. If granted, the court could use several mechanisms to compel support payment, such as garnishing wages or seizing tax returns.

How Long Does It Take To Modify a Divorce Order?

There is no statutory waiting period after a divorce order goes into effect before a modification can be requested. However, courts won’t grant modification requests without demonstrating a substantial change in circumstances.
The exact length of the modification process can vary significantly, depending on the complexity of the order and whether there are disputes. If everyone agrees, the process can take just a few months. Disagreements, however, can stretch the process out over a year or more.

How a New York Divorce Attorney Can Help You

Even when a divorce is amicable, seeking modifications can be complex and cause stress and tension. An accomplished divorce modification attorney can oversee your issues with tact, helping you and your family maintain privacy and dignity. More specifically, a divorce attorney can:
  • Fill out the necessary court documentation
  • Gather evidence regarding changing circumstances
  • Negotiate and mediate with the other party
  • Represent you in modification hearings
  • Appeal a divorce judgment or decree
More generally, an attorney can provide critical emotional and moral support. Divorce is frequently a thorny issue, but an attorney can provide clarity and guidance. An attorney can provide realistic expectations and practical solutions to get you as close to your ideal outcome as possible.

Contact a Divorce Order Modification Attorney Today

The attorneys at The Law Offices of Gildin & Chapman are proud to have helped countless New Yorkers navigate post-divorce matters, including order modification and enforcement. We are willing to fight for our clients and will use every resource at hand to reach a satisfactory outcome.

Contact our offices online or reach out by phone today to schedule a case consultation with a divorce order modification attorney in New York.

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