Understanding Custody & Support Modifications
Family law modifications refer to the legal process of altering existing court orders related to family matters. These modifications are essential when circumstances change significantly after the original order is established.
In New York, several types of court orders can be modified, including:
- Child Support Orders: Adjustments to the amount paid for child support.
- Child Custody and Visitation Orders: Changes to custody arrangements or visitation schedules.
- Spousal Maintenance Orders: Modifications to alimony or spousal support payments.
Parents can seek modifications in New York when a substantial change in circumstances affects the original order's fairness or feasibility.
Reasons for seeking a family law modification could include:
- Job loss
- A significant increase or decrease in income
- Relocation
- Changes in the child's needs
- Substantial changes in a parent's health
To petition for a modification, the requesting party must file a motion with the Family Court, providing evidence of the changed circumstances. The court will then review the request and assess whether the changes warrant modifying the existing orders.
Will You Have to Appear in Court?
When petitioning for a family law modification in New York, appearing in court may be a necessary part of the process. Whether or not you have to appear in court depends on several factors, including the specifics of your case and whether both parties agree to the proposed changes.
Generally, if both parties consent to the modification, the process may be more straightforward, potentially reducing the need for multiple court appearances. However, if there is disagreement or the case involves complex circumstances, a court appearance is likely required to present evidence and allow the judge to make an informed decision.
Restrictions on Petitioning for Custody Modifications
In New York, one condition allowing for a custody modification without proving a substantial change in circumstances is that three years have elapsed since the original order was issued or last modified. This three-year period provides a sufficient timeframe for any lasting changes in the parents' or child's situation to become apparent, thus justifying a review and possible adjustment of the custody arrangement.
Another condition under which you can request a modification is if there has been a change of at least 15% in either parent's income. If either parent experiences an income change of this magnitude due to reasons beyond their control, such as job loss or a substantial pay cut, they may petition for a custody modification, even if it has not been three years.
Why Consult an Attorney for Family Law Modifications?
Parents considering a family law modification are encouraged to consult with an attorney before submitting a petition. Experienced, qualified legal counsel can provide invaluable support and advocacy during this process, helping address complications.
Benefits of working with an attorney can include:
- Informed advice on legal rights and obligations
- Assistance in gathering and presenting necessary evidence
- Professional representation during court appearances
- Guidance in negotiating agreements with the other party
- Drafting clear and accurate legal documents
- Familiarity with local court procedures and judges
While an attorney is not required to request a modification to a child custody, support, or other family law order, many parents find legal counsel extremely helpful. This process can be stressful, but having a knowledgeable advocate can make a significant difference.
If you are considering petitioning for a family law modification, we encourage you to schedule a consultation with the team at the Law Office of Tzvi Y. Hagler, P.C.. We are here to help.
