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4 things you should know about post-divorce modifications

On Behalf of | Feb 9, 2023 | Divorce

The court-issued orders issued after divorce will continue to affect your life in the long term. They include alimony payments, child support obligations and custody arrangements.

The law is alive to the fact that circumstances may change and render the existing orders ineffective or unrealistic. Therefore, changes can be made to the current post-divorce orders if there are sufficient reasons behind such a request. Here is what you need to know about post-divorce modifications in New York.

1. You must go through the courts

Modifications can only be done with a court order. You must seek the court’s approval of any changes, even those mutually agreed with your ex. If you object to any proposed changes, the other party must follow due process to modify the existing orders. It involves going through the courts.

2. Evidence is key

You must present supporting evidence if you petition the court to modify its earlier position. A judge will not revise the present divorce orders based on hearsay or simply because they are inconvenient for you. Without evidence of a substantial change of circumstances, it may be impossible to modify the current order.

3. The children’s interests always come first

The children always take precedence in all decisions affecting them. This is something that you should have at the back of your mind if you seek modifications to child support or custody orders.

4. It can be a lengthy and complicated process

Obtaining a post-divorce modification is not a walk-in walk-out affair, especially when both parties are not on the same page. There may be hearings where a judge will review the submission of all the parties involved before determining the way forward.

In conclusion, post-divorce modifications can be necessary if you have experienced a significant change in circumstances since your divorce was finalized. Understanding how things work and what you need for a successful modification petition will go a long way in helping you achieve your objectives.


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