Post Judgment Modifications

Albany NY post judgment modifications lawyerEven the best parenting plans and support arrangements can become outdated and impractical. At The Colwell Law Group, LLC we regularly get calls from parents and ex-spouses who are anxious to change an existing court order. While post judgment modification isn’t always possible, there are many situations where you can revise your child support, child custody, or alimony orders.

If your family’s needs have changed and you’re ready for a new arrangement that better suits your current situation, speak to an Albany NY post judgment modifications lawyer at The Colwell Law Group, LLC today.

Has Your Life Changed? Your Custody, Visitation or Support Orders Can Change, Too

Whether you were divorced last year or 10 years ago, you have the right to seek post judgment modification of a child custody, visitation or support order when you have significant life changes. An experienced New York lawyer can help you petition for the modifications you need.

However, modifying a family law court order isn’t a simple process. You’ll need to present strong evidence that supports your claim and address any objections and defenses that your former spouse offers. Thankfully, you don’t have to navigate these challenges alone. The Colwell Law Group, LLC’s respected team of family law attorneys would love to help you with a post judgment modification.

To learn more about how we can help modify child support or visitation rights, schedule a consultation with an experienced Albany child custody attorney. Contact us today.

Have You Experienced a Change in Circumstances?

Not all aspects of divorce arrangements can be readily modified. For example, you are not going to be able to make changes to a decades-old property settlement very easily. However, there are many aspects of a family law court order that can be changed more readily.

You have the ability to pursue modification of child support, child custody, and visitation orders by showing that there has been a substantial change in circumstances since the original order was entered. Of course, substantial changes can come in many forms. Examples include:

  • Drastic, unanticipated increase or decrease in income
  • Change in the needs of the child
  • Change in the family dynamic such as remarriage or the birth of a child
  • Parent’s relocation or military deployment
  • When a parent’s work schedule or obligations changes significantly, impacting their ability to care for the child
  • Unexpected health issue or disability
  • Situation that could potentially endanger the child
  • The emancipation of a child
  • The other parent consistently and knowingly violates your existing order

If you believe that there has been a significant change in your family’s circumstances, you should immediately consult with an Albany NY post judgment modification lawyer. Depending on your circumstances, you may be entitled to a modified custody or support order.


Do I Really Need to Go to Court to Modify a Post Judgment Order?

Albany NY post judgment modifications lawyer, divorce modificationsSometimes, your former spouse will suggest that you just mutually agree to a changed parenting plan or support payments. However, this is never in your best interest. Until a court approves a modified family law order, you are legally bound by the first one’s terms. This means that you may face serious penalties if your ex-spouse later alleges that you unilaterally violated the custody or support order’s terms. Similarly, you won’t be able to enforce your voluntary agreement if it wasn’t approved by the court, and your ex-spouse or partner violates your deal.

Rather than take this risk, it’s always best to formally request a modification from a family law judge.

How Do I Modify a Judgment?

Notably, you should never just stop paying child support or alimony, or decide to ignore your court-ordered parenting plan. These activities can result in penalties and you could be found in contempt of court. Instead, you should always consult with a post judgment modification lawyer.

Your lawyer will help you make a formal request for modification. This involves a series of steps:

  • Filing a motion with the court
  • Formally notifying your former spouse of your request
  • Presenting your rationale and supporting evidence to a judge (and responding to your former spouse’s objections) at a hearing

Throughout this process, your post judgment modification lawyer may also try to negotiate a mutually-agreed upon proposed order with your former spouse and their attorney. If this is unsuccessful, the judge will make a final decision in the matter.

Can I Modify a Spousal Support or Alimony Order?

In addition to modifying child support and custody orders, you can also change an alimony order under certain circumstances. Again, you simply cannot stop making payments, and you’ll need a court order to change your alimony payments. Common reasons for a change in alimony include a significant change in either spouse’s income, remarriage, or a disability.

Can I Make Changes to Our Property Distribution?

Under New York law, it’s much more difficult to modify a property division order. Unless you have evidence that your ex-spouse hid assets or engaged in other fraudulent activities during your divorce proceedings, it’s unlikely you’ll be able to change your property distribution.

However, there are circumstances where this type of malfeasance occurs. If you suspect that your former spouse lied about their income, hid evidence, or improperly transferred assets in an attempt to reduce your property allocation, you should immediately contact an experienced Albany NY post judgment modification lawyer. Your attorney will investigate your claims, sift through the evidence, and may have to consult with forensic accountants and other experts to advance your claim.

What If I Need Help Enforcing an Existing Order?

If your former spouse or partner refuses to follow a family law court order, you should contact your attorney as soon as possible. With help from your lawyer, you may be able to force their compliance or collect unpaid support payments. For more information, please contact our office.

Do You Need a Post Judgment Modification? Tell Us About Your Situation

If you’re in need of a post judgment modification, our Albany NY family law attorneys would love to hear from you. We assist individuals throughout the Capital region with complex modification issues.

Contact The Colwell Law Group, LLC Today

At The Colwell Law Group, LLC, we will take the time to learn about the change in circumstance that has occurred. Once we understand the details, we will give you straight answers about your options. If we believe that seeking a custody change or another type of modification is not an option, we will tell you so.

However, if we believe that a modification is possible, we will pursue it in a manner that is not only effective, but efficient and cost-conscious.

For a consultation about modification or any other divorce issue, contact our Albany child custody attorneys today.

Call 518-462-4242

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