After receiving your divorce decree, you might think the hard part is over. Unfortunately, problems with the divorce decree are bound to crop up sooner or later. People get remarried, find new jobs, or move. The original court orders no longer work for one or both of you and need to be changed. Also, as your children grow, they might have different financial, medical, and psychological needs as well.
At theColwell Law Group, our divorce lawyers in Washington County help clients request modification of divorce orders from the judge. The process is not easy, and there is no guarantee that the judge will agree to the modification—especially if your ex-spouse wants to fight you. To build the strongest case possible, you need an experienced divorce modification attorney representing you.
To obtain a modification, you will need to show that there has been a significant change in circumstances. Judges do not modify existing divorce orders simply because you are unhappy with them or because they are inconvenient. Our clients have requested modification of the following court orders:
Child custody: circumstances might have changed such that you should get custody of your children.
Visitation: the visitation schedule might no longer work because of a new job or because you have moved.
Child support: your child might need more support because of illness or disability, or you might need to reduce your child support payments because you have lost a job or become disabled.
Spousal support: spousal support might no longer be necessary because your spouse has obtained a higher-paying job or remarried.
The party who wants the modification must file a petition with the Family Court explaining how circumstances have changed, and then they must serve it on the other party. Your ex-spouse can either agree to the modification, propose their own, or fight any change. A judge will then hold a hearing where each side can present evidence.
Some of our clients wrongly believe that they can go ahead and change their divorce orders just as soon as a significant change has happened in their life. However, you actually need a judge to agree to the change. For example, you might have lost your job, but you still must continue paying child support or spousal support until the judge modifies the order.
To build the strongest case possible, you need evidence documenting what has changed. For example:
If you have lost a job, you should have proof of a termination notice or your qualification for unemployment insurance benefits.
If someone’s health has changed, then you should submit medical records as proof.
If someone has remarried, you should submit proof, such as a copy of a marriage certificate.
If the other party has gained a higher-paying job, write down how you learned of this fact.
If you are the person seeking to modify the divorce order, you have the burden of convincing the judge that circumstances warrant the change. You cannot show up to a court hearing and expect a judge to find in your favor based on nothing more than your own testimony.
Speak to a Washington County Divorce Modification Lawyer Today
Court orders should be responsive to current conditions, and we can help you seek a modification when they no longer do. At the Colwell Law Group, our lawyers are available to help you reform the court’s orders to satisfy current needs. Contact us today to schedule your consultation.
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.
Divorce is probably the most frightening thing I have ever had to go through in my life. Nothing can prepare you for... what you're going to experience - whether that be emotionally, monetarily, or just the sheer amount of knowledge required to navigate through. Picking the right law group and then attorney/lawyer is just the beginning. The options are endless and you can only hope you make the right decision. I was assigned to Marissa Gordon, and words truly cannot express how thankful and lucky I am. From the beginning she was beyond approachable and made herself available for every question/concern/need/etc. in a very timely manner. I cannot begin to explain how scared this whole situation has made me feel, but at the end of the day I felt safe knowing that she was handling my case. Thank you for all the care, consideration, and treating me like a human, not just a number. I know this is a decision I'll never regret.read more
Employed Colwell for a custody case. First lawyer seemed disinterested and unhelpful. Was appointed Kyle Starks after... that. He was attentive, reachable, and truly cared about me and my kids. We were successful in large part to his counsel and work. Highly recommend.read more
I contacted the Colwell law group when I needed an attorney. Amanda Iannone-Hens was assigned to represent me and did... an excellent job. She made me feel comfortable and answered my questions in a very timely fashion. Should the need arise, I will absolutely retain her services again. I highly recommend this law firm!read more
Divorce and custody issues are never easy, but the staff at Colwell are amazing and made me feel comfortable and put my... mind at ease. My initial contact was with Lauren. She was professional and made me feel like family. I would recommend Cowell Law Group to anyone beginning the Family Court process.read more
My Divorce Consultation experience at The Colwell Law Group In Albany was great!Their Client Relations Manager, Jill... Boomhower, is very knowledgeable, kind, personable and responsive to my questions. The expertise of the consultation has made me certain that this is the law group that I want to represent me.read more
The kindness and understanding shown to me when I called this group for help was something I had not experienced... before. Jill explained in great detail what they thought they could do to help me. She spent time and most of all showed me great compassion. I was not prepared for the empathetic response. I highly recommend this group. I felt like they treated me as a family member, not a stranger. This is unusual in a world that sometimes forgets to be humane to one another. I am very thankful to her, and look forward to working with them.read more
After almost a whole year of feeling nothing but stress on my shoulders, Colwell Law Group has lifted that stress in... every aspect! My attorney, Amanda Iannone-Hens, has been very insightful and vigilant throughout my case. I'm very grateful for what everyone has done for me; from the first time I called looking for help in the little amount of time I had and until now I have nothing but gratitude for this firm and all they've done for me!read more
Very nice people! Very helpful and understanding through the whole process! I feel they went above and beyond to make... things easier and smoother. Very knowledgeable in their practice and easy to communicate with in a timely fashion. Plus they always have coffee. Lindsey Philips was awesome to work with and also my attorney Kyle Starks was awesome too! Would recommend him to anyone!read more
I like the starting process here. You don’t have to pay a few hundred dollars initial consultation fee just to... understand how the lawyers to handle your case. Instead, you meet with a very experienced customer relationship person to take the background information and arrange the legal support for you. I met with Linsey and very much impressed with her professionalism and compassion. She’s knowledgeable, responsible, and cares. I’m happy with the experience.read more
I retained Anthony Sokolowski, 17 months into my divorce and custody case. I could not have made a better decision.... Anthony, wanted to understand where exactly we were in the divorce/custody case, so that he could be sure that we were all working together towards a common goal.Anthony was not only understanding that divorce and custody cases are hard, but was also willing to work around my work schedule, always listened to what I had to say, and addressed each and every concern, always made sure that I fully understood each and every possible outcome. Even though this was a hard case to handle, he always made me feel important, and that he truly cared and not that I was just another paying client on his books.I could not have been happier with the decision to retain him for counsel, he went with every twist that this case had, and there was plenty always ensuring me that things will get better, and we are in this together. Anthony took a already hard situation, and made each conversation feel a little lighter with his sense of humor, and kind words. It was nice to finally have counsel that truly cared, and we were working towards a common goal. While working towards a common goal we were finally able to end the case, and everyone is pleased with the outcome. I would highly recommend him, to friends or family in the event that they were dealt the cards I was.Anthony truly is a stunning attorney, with a gentle heart, kinds words, and has a unique ability to be able shed some light on our darkest of days.Thankful for all those i encountered at the firm, but more importantly thankful for Anthony's understanding, and flexibility because this was a tough case, he took it on without even knowing the history of 17 months.read more
Through a yearlong and difficult divorce, Anthony Sokolowski was a skilled attorney who helped me navigate the most... challenging aspects of a divorce and custody battle. He was on top of things throughout, always patient and empathetic. When things got tough he was a strong defender and he had embodied my situation when I needed him to do that.read more
I retained Attorney Anthony Sokolowski for my very difficult and complicated divorce and custody case. Anthony was not... only knowledgeable but personable and I never felt alone throughout process. Anthony was always honest and genuine with me, he was always available and made me feel safe in the fact that he was fighting for my and my child’s best interest. I worked with Anthony for over a year and this held true throughout entire time. We ended with getting what I asked for and the best possible outcome for myself and my child.I highly recommend Anthony Sokolowski for any family law needs.read more
I was referred to this Law Group from a local office and I'm glad I followed through. I was represented by Kyle who... was professional, responsive, and easy to work with. I felt very comfortable with his representation. Thank you....Carmel Reillyread more
My experience was truly enlightening and very welcoming! I spoke with Kito who instantaneously related with my... situation and assured me that the firm could help me and I believe him. Five stars all around. It’s nice to meet people who have the same compassion for fathers rights and actually love to help instead of just pushing papers through. Thanks For all the information and encouragement Kito .read more
From the very first call, this law firm has been nothing short of exceptional. My family is working with Kyle, who... consistently provides support, dedication, responsiveness, and who utilizes his experience to help us navigate family court and custody. Every interaction is professional, and I would highly recommend the Colwell Law Group.read more