When Changed Circumstances Affect Continuing Responsibilities After Divorce
Divorce represents the end of a marriage, but the beginning of a new set of relationships and commitments. Such continuing obligations as child support and spousal maintenance are established by agreements or court orders that are meant to stand up over time, but New York law takes full account of the possibility (or even likelihood) that circumstances will change. If you need to find out about obtaining, compromising or resisting an order of modification that will affect the parties’ rights and responsibilities after the divorce is final, contact the New York Albany law firm of Figeroux & Associates for the advice of experienced attorneys.
Not every change of circumstance will support a request for modification, but when the new realities reflect substantial changes that go to the heart of a divorced spouse’s needs or ability to meet a payment schedule, the court will usually grant at least some relief from the original obligations, depending on the evidence and the resisting party’s reasons for opposing the requested modifications. In our experience, the key to a successful argument on modification issues begins with the ability to explain in clear and practical terms the reasons for the change, the consequences, and benefits of the change, or the opposition to the change. Judges don’t grant modification motions just because a party is tired of the current arrangements; nor do they deny them just because the other party likes things the way they are.
It also helps to show a willingness to cooperate or compromise a modification request when there are sound reasons for supporting it. If you’re the party opposing modification, our lawyers can simultaneously work toward meeting the other side halfway while at the same time developing the case against the motion for modification. That way, you have a chance to agree to an acceptable revision of the current arrangements without needing to concede too much. If the case is headed to a hearing, close calls in matrimonial law have a way of going to the more reasonable party.
New York Custody, Support and Maintenance Modification Attorneys
We have six methods and strategies in post-decree modification cases that have achieved success across a wide range of issues for both moving and opposing parties. They are:
Finally, keep in mind that not all aspects of a divorce decree are subject to revision. For example, property settlements and distribution awards should be regarded as permanent, even if they call for payments over time. If you find that accurate valuations and projected income are difficult to calculate or predict, it is usually better to account for these assets in an alimony agreement that can be modified rather than a property distribution agreement that cannot. For more information about our experience with changes to the terms of divorce decrees and family court orders, contact the New York modification lawyers at Figeroux & Associates in Brooklyn.