It may not have seemed like it at the time that the order was created, but no child custody, visitation, or support order is meant to be permanent. New York law is designed to accommodate changes that occur in people’s lives. Rarely do people stay at the same job, earn the same income, and live in the same house for the entirety of their lives. In fact, the youngest Baby Boomers, on average, held 11.8 jobs between the ages of 18 and 48, according to the Bureau of Labor Statistics.
According to Forbes, the average worker, today, stays at their job for just 4.4 years on average, and with people staying at jobs for shorter and shorter periods of times, the courts are more than adept at dealing with modifications. An experienced Greene County divorce modification attorney can help you show the court that your situation has drastically changed, and therefore your court order should too. Call an experienced divorce attorney with the Greene County law offices of The Colwell Law Group, LLC today for help.
What Can Be Changed?
While it is unlikely that you will be able to make changes to a property division agreement that was made 10 years ago, you can, however, change many other orders, such as child custody, visitation rights, child support, and alimony. These changes must parallel your life changes in a way that makes sense. For example, if you lost your job and have not been able to find work, you may be able to modify your child support payments so that you pay less. If it were the other way around–you got a raise–it would be difficult to prove to the court that you can no longer afford to pay the same child custody payments that you have been making for years.
Legal Reasons for Modification
Substantial changes that could affect your chances for modifying an order include:
A drastic, unanticipated increase or decrease in your income;
A change in your child’s needs;
A change in the family dynamic. This includes the remarriage of the child’s other parent, your own remarriage, or another child’s birth;
A potentially dangerous situation that could endanger the child; and
The emancipation of a child.
Not all changes are based on your income. If you are paying alimony to your former spouse, for example, you will no longer be required to do so if he or she remarries or finds a form of employment that drastically changes their financial situation. If you are in doubt of whether or not a life change, for you, your former spouse, or the child/child’s other parent, impacts a court order, it is in your best interest to speak to a lawyer soon.
Contact a Professional Divorce Modification Attorney in Greene County Today For Help
Please do not hesitate to call the experienced divorce modification attorneys at the Greene County offices of The Colwell Law Group, LLC today to set up a free initial consultation. We are prepared to advocate aggressively on your behalf.
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