When a couple goes through a divorce, the decisions they make are reflective upon their current circumstances. Some of these decisions can include matters of child custody, child support, spousal support, and visitation. Situations do change because life is unpredictable. No one knows what the case may be a few years down the road so families going through divorce have to make decisions based on their current conditions. The courts of New York understand that in a few years, a parent may need to request a post-judgment modification. These are essentially just requests to change a decision that was made during the initial divorce.
For example, if the custodial parent needs to move out of state and take the child with them, they may have to request to relocate with the child. Relocation is a common issue that occurs and has an impact on the child visitation that can occur. If the child moves out of state, perhaps the non-custodial parent will only see the child over holidays as opposed to every other weekend. Another common situation is when the parent who is required to pay child or spousal support each month loses their job. The court can modify the payments that this parent has to make unless they are found to be unemployed on purpose to avoid making payments.
It is crucial that you go through the court in order to request any post-judgment modification and don’t modify it on your own. If you fail to do so, it is not legitimate in the eyes of the court and can result in legal problems down the road. If you have questions regarding post-judgment modifications in New York State, contact an experienced divorce and family law attorney who can provide you with assistance.
If you need quality and compassionate legal services from an experienced collaborative divorce lawyer or the guidance from a seasoned mediator, contact Leslye M. Schlesinger today.