When Can a Court Order Be Modified?

After a divorce or legal separation, court orders provide specific instructions for things like child custody, child support, and alimony. These court-ordered agreements are legally binding and are created to help families navigate challenging, and often contentious, issues. However, there often comes a time when theses court orders need to be modified to better suit your situation.

Court order modifications aren’t available to anyone unhappy with their parenting plan. New York courts will only grant family law modifications when there is just cause for a serious legal change.

Modifications are only granted to families who have undergone a serious change in circumstances, such as:

  • Employment changes: If either parent experiences a drastic change in income, such as a job loss or drastic pay decrease, the court will consider this a change in circumstances. For example, if the paying spouse lost his job, he may be asked to pay less in alimony or child support.
  • Remarriage: When a parent remarries, their circumstances will inevitably change. As a result, the court may grant a modification to their existing child support and child custody orders. Also, according to state law, alimony payments stop once the receiving spouse remarries.
  • The child’s needs have changed: The central goal of the court is to satisfy the needs of the child. So, if their medical, emotional, or physical needs have changed, the court will find a modification to suit the child’s needs.
  • Relocation: If either parent plans to relocate, it may also affect the living situation of the child or it could change the child’s financial needs. In such a situation, either parent may request a modification to their existing child custody or child support order. However, relocation does not always affect spousal support payments.

Let Our Firm Help You

Are you ready to seek a child custody, child support, or spousal support modification? In order to seek a modification you require a skilled, knowledgeable attorney by your side. Our family lawyer has more than 10 years of experience working with families in New York, and he can help you find a solution to even the most complex family law issues.

Ready to get started? Contact Empire Law in Yonkers to discuss your family law modification case.