The aftermath of a divorce can be challenging for both spouses, especially when children are involved. That said, in some cases, unforeseen circumstances in the months or even years after a divorce may sometimes necessitate a modification of the original divorce agreement. An experienced Long Island divorce modification lawyer from the Law Offices of Jay D. Raxenberg, P.C. can help you obtain the our you need. Contact our firm today.
Qualifying for a Divorce Modification
Courts will evaluate whether significant and substantial changes in circumstances have occurred before granting a modification. These changes must typically be unforeseen and beyond the control of the person seeking the adjustment. Common qualifying circumstances include:
- Involuntary Loss of Employment: If a spouse loses their job through no fault of their own and can demonstrate financial hardship, the court may consider modifying support obligations.
- A New Job: A substantial increase or decrease in income due to a new job may warrant adjustments, particularly if it significantly impacts either party’s ability to meet the original support terms.
- Substance Abuse Issues: The emergence of drug or alcohol addiction can lead to a review of custody arrangements or visitation rights if the well-being of a child is at risk.
- Mental Health Challenges: When a spouse develops severe mental health issues that affect their ability to fulfill their obligations or impact their parenting capacity, modifications may be necessary.
- Serious Illness or Disability: A significant health crisis that alters a party’s financial situation or caregiving ability may qualify for changes in support or custody.
- The Birth of Another Child: If a spouse has a child from a subsequent relationship, it may affect their financial responsibilities and could justify a modification.
Courts carefully examine the evidence presented to determine if a modification is fair and necessary, balancing the needs of both parties and, most importantly, the welfare of any children involved.
Types of Modifications
The three most common types of modifications requested after a divorce is finalized are as follows:
- Child Custody Modifications: Courts determine custody modifications using the “Best Interest of the Child” standard. A thorough evaluation of the child’s home environment, education, medical needs, and overall well-being is conducted before any changes are made.
- Child Support Modifications: When seeking to adjust child support—whether increasing or decreasing the amount—the Court considers various factors, such as changes in income, involuntary job loss, the birth of another child, or the emancipation of a child.
- Spousal Support Modifications: Maintenance payments may be increased, decreased, or terminated depending on specific circumstances. These include a spouse’s remarriage or cohabitation with an unrelated person of the opposite gender for a designated period, involuntary job loss, a serious illness or disability that prevents employment, or when a spouse achieves economic self-sufficiency by obtaining a job, vocational license, or educational degree. Additionally, if a custodial parent receiving spousal support interferes with or withholds court-ordered visitation rights, the court may, at its discretion, suspend the payments or cancel any arrears accrued during the period of interference.
Contact a Nassau County Divorce Modification Lawyer
Contact a Long Island divorce lawyer from the Law Offices of Jay D. Raxenberg P.C. for help with the modification of your divorce, custody, or other agreement. Our consultations are free, so you have nothing to lose by simply reaching out and telling us your needs.
