Representing New York Clients Faced With Order Modifications
At the end of any family law matter heard in court or agreed to outside of litigation, the judge will issue an order that each party will be legally obligated to follow. Some of the many issues a judge may decide include child support, spousal maintenance, child custody and visitation. If a person was to defy the ruling handed down by a judge, they could face some serious consequences. This does not mean that the judge’s say is set in stone. Courts are open to hearing requests for modification based on these issues. The one who requests the modification will have to demonstrate a significant and unforeseen change in situation. If you need to request a modification or need to fight against one, you need an attorney that can effectively advocate on your behalf. Penichet & Alberga LLP is widely known for their successes handling all family law cases. If you need an effective attorney to represent your needs, contact our offices in White Plains for an initial consultation.
Modification of child support
Child support is a common factor in divorce and separation cases. The court will order the couple to follow a child support structure that meets the needs of the child and is fair and just to the parents based on the New York Child Support Guidelines. The parent requesting the modification must convince the court of a continuing, significant, and unforeseen change of circumstance, including but not limited to:
- Job loss
- Change in income
- Change of custody
Modification of spousal maintenance
There are countless reasons to request a modification for spousal support. Courts in New York are willing to consider modifying a spousal maintenance structure based on a substantial, unexpected, and ongoing change of circumstance. Courts will hear cases of modification based on but not limited to:
- The dependent party’s ability to be financially independent
- Change of financial situation for the paying spouse
It is important to note that being found voluntarily underemployed or unemployed with the hope of avoiding or modifying the payment structure is against the court’s wishes. The judge will pass judgment against the party who actively defied the court and adjust maintenance according to their potential earning capacity.
Modification of child custody and visitation schedules
Similar to the other issues that constitute a post-judgment modification, child custody and visitation schedules can be modified based on an overwhelming change in circumstance. Also similar to child support modifications, the court will always act in the best interests of the child first. Some relevant factors that could convince the court to grant the request for modification, include:
- Parental alienation
- Health of the child or parent
- Change in work schedules
- Exposure to third parties that pose a danger to the child’s best interests
Contact an experienced Westchester County family law firm
Penichet & Alberga LLP is known for effectively representing the needed of clients in New York. When a person is looking for an experienced and dedicated firm with proven results, they find what they need in Penichet & Alberga LLP If you need of high-caliber legal services regarding post-judgment modifications, you should contact our office for an initial consultation. Call 914-806-6675.