When should a divorce judgment be modified?

It is technically possible to modify a divorce order if your circumstances or those of your ex-spouse or children change after it has been issued. Reasons for seeking a modification include:

• A need for higher spousal maintenance (alimony) or child support payments. If you have lost your job or become too ill to sustain full-time employment, then you may find that the alimony (spousal maintenance) or child support amounts granted to you in the divorce order are no longer sufficient. Consequently, you may need to file for downward modification to increase the payments so that they meet your current needs.
• Inability to pay the alimony or child support amounts ordered. The above scenario can also apply in reverse. If you are the payor and circumstances such as job loss or onset of disability leave you unable to pay the amount specified in the divorce decree, then seeking a modification will be necessary if you want to avoid sanctions for disobeying a court order.
• Your former spouse is a potential danger to your children. If your ex develops a serious mental illness, is arrested for a violent crime or has developed an addiction to alcohol or drugs, then you will want to change the current custody and visitation arrangement to minimize the exposure of your children to his or her behavior.
• Your child has reached college age. If the children are young at the time of the divorce, then chances are that you didn’t think too much about higher education costs. When the time comes, and it becomes clear that the cost of sending your child to college is too much for you to handle on your own, a modification may be necessary to ensure that each parent offers a fair contribution.
• You need to move to another city or state. Whether you need to relocate for your job or be closer to your aging parents, moving long distances usually makes it necessary to revisit and renegotiate the child custody aspect of your divorce agreement. Failure to do so before moving can result in serious legal consequences.

When you and your former spouse agree on the changes, getting a divorce judgment modification should be relatively straightforward. You will have to draw up a revised agreement with assistance from your attorneys to ensure that the changes you want to make are legally sound and binding, and then file the agreement with the court so that it can be formalized. If you and your spouse don’t see eye to eye, however, litigation may unfortunately be necessary.

If you believe that a modification of your divorce order is advisable and/or in the best interests of your children, then contact a New York family law attorney. Your attorney can advise on how to best accomplish the needed changes and ensure that the final agreement is legally binding and fair to everyone concerned. Eskin & Eskin, P.C. is a family law firm for family and divorce law needs with more than 40 years of combined experience. We offer free consultations and can be reached at 718-402-5204. Visit us on the web at www.EskinandEskinLaw.com.