Post Divorce Modifications / Enforcements

When unforeseeable significant changes occur after a divorce, separation or order of a court, it is possible to apply to seek changes to a previously entered into agreement, judgment or order. At Berger, Fischoff, Shumer, Wexler & Goodman, LLP, our attorneys have years of experience handling modification proceedings in Nassau County, Suffolk County, Queens County and the surrounding areas. We have similar experience in opposing modification applications and seeking the specific enforcement of the terms agreed to between the parties or previously ordered by the court. Whether you are seeking to modify an agreement or court order or seeking to enforce one, our attorneys will be more than willing to share their expertise with you in a Free Consultation.

CUSTODY AND/OR VISITATION MODIFICATIONS

A variety of life changes may prompt a parent to seek a modification of a prior custody or visitation agreement or order.

Custody and visitation may be modified to afford the non-residential parent greater time with their child; it can be modified because a parent has endangered the well-being of a child; it can even be modified under a relocation application, when a party believes that moving the child’s permanent residence will serve the child’s best interests.

Obviously, opposition exists to each and every application, so that it is necessary, whether seeking the modification or opposing it, to have an attorney representing your interests with experience in this area of law.

CHILD SUPPORT MODIFICATIONS

In Nassau County, Queens County, Suffolk County and the surrounding areas, child support can be modified for varying reasons but the most common reasons are based upon involuntary job loss or demotion.

Similarly, a salary increase for the paying party of 15 percent or more from a new job or promotion can justify an upward modification of child support.

MAINTENANCE/SPOUSAL SUPPORT MODIFICATIONS

In most divorce settlement agreements, language is included which would terminate spousal support or maintenance based upon varying factors, including but not limited to a set length of time for maintenance, the spouse’s remarriage, the spouse’s cohabitation with another party, the spouse’s obtaining of employment or greater income, etc. However, just because the divorce agreement calls for the termination of maintenance or spousal support upon the occurrence of one of these “triggers”, a modification application still should be filed to formalize the termination of the spousal support or maintenance payment.