Divorces and other family law matters in Rensselaer County often result in court orders pertaining to child support, spousal support, child custody, and visitation. In most cases, the court makes its determinations based upon the sets of facts it has in front of it rather than matters that are likely to arise in the future. In New York, the law recognizes that there may be a need to modify certain family law orders, and a Rensselaer County divorce modification lawyer can help.
Sometimes married couples agree to all of the terms surrounding divorce, but more often or not, there are at least some contentious issues that will arise. If a court order does not go the way you hoped during your divorce proceedings, a change in circumstances might allow you to seek a modification. When you are facing trying to modify, you should know that you do not have to go through this process alone. At The Colwell Law Group, LLC, our divorce attorneys in Rensselaer County have years of experience assisting clients with modifications, and we can get started on your case today.
Post-Divorce Modifications in Rensselaer County Concerning Financial Orders
Typically speaking, when a significant change in financial circumstances occurs either for you or for your former spouse, either of you can seek a divorce modification for the following:
Spousal support (or alimony); and/or
It is important for New York residents to understand that it is possible to modify spousal support and child support orders, but there are some very specific issues surrounding child support modifications in Rensselaer County and throughout the state. In 2010, the New York Legislature amended the Domestic Relations Law and the Family Court Act that sought to streamline the question of what constitutes a “change in circumstances” for a child support order modification. Specifically, the legislature amended DRL Section 236(B)(9)(B) and the Family Court Act Section 451. Through those amendments, the legislature clarified that “the court may modify an order of child support, including an order incorporating without merging an agreement or stipulation of the parties, upon a showing of a substantial change of circumstances.”
What you need to know about the change to the law is this: it is easier to modify child support orders entered after the 2010 amendments. A Rensselaer County support modification attorney can speak with you about your options and what might constitute a “substantial change of circumstances.”
Modifying Child Custody and Visitation in Rensselaer County After a Divorce
It is also possible, provided there is a “change in circumstances,” to modify a child custody or visitation order. As the New York State Unified Court System clarifies, the court may modify:
Legal custody order; and/or
Physical custody order.
In deciding whether there has been a change in circumstances that warrants a modification, the court typically will return to its list of factors that help to determine what legal and physical custody situations are in the best interests of the child.
Seek Advice from a Rensselaer County Divorce Modification Attorney
Either party can petition for a modification after a divorce has been finalized. If you have questions about seeking a divorce modification, a dedicated Rensselaer County divorce modification attorney can help with your case. Contact The Colwell Law Group, LLC to learn more about how changes in circumstances can impact divorce orders.
Get The Best Outcome For Your Children
Learn how to help your kids cope with your divorce with our complimentary guide for parents who are getting divorced or separated in New York.