Life is not static. Sometimes, changing circumstances require petitioning for a modification to custody or support orders. Our skilled family lawyers at Needle | Cuda in Brewster help clients in New York City and Dutchess, Putnam and Westchester counties request modifications to existing child custody, visitation, child support and alimony orders. You can rely on our attorneys to work diligently on your behalf.
To have a court order modified, you must prove to the judge that there has been a substantial and ongoing change in circumstances that makes the current order unworkable or unfair. The change could involve you, your former spouse or even your child. Here are some examples of what might constitute a substantial change:
Every case is unique. Once we understand your reason for wanting a modification, we can advise you on whether it may be viewed as a substantial change in circumstances by the court.
To start the post-judgement modification legal process, you must file a motion or petition with the court. Generally, you would file with the same court that granted the original order. You should do so as soon as possible after your circumstances change. For example, if you have lost your job and are requesting a change to child support, then the modification — if granted — will only extend back to your motion date. Prior to that date, you will still be responsible for paying the amount of support as stated in the original order. Our law firm can help you with filing your petition to ensure it includes all relevant and necessary information.
Evidence of a substantial change in circumstances, depending on the situation, may include pay stubs, tax documents, employment termination letters, proof of expenses, medical records, police reports, witness statements and other items. We can help you understand what evidence you will need to prove your substantially changed circumstances to the court. We can also represent you in defending the existing order if you do not agree with the modification request.
The attorneys at Needle | Cuda in Brewster advise New York clients about post-judgement modifications to child custody, child support, alimony and other divorce and family law orders. To arrange a consultation about your matter, call 203-557-9500 or contact us online.