When Should I Seek Modification of My Divorce Judgment?
Most Fulton County divorce modification cases that we see involve changes to child custody or child support terms. There are a number of scenarios where modification of these terms may be appropriate:
- The non-custodial parent’s income has significantly increased, and the custodial parent seeks higher child support payments.
- Conversely, the non-custodial parent’s income has significantly decreased–say because they lost their job–and he or she needs to lower child support payments.
- The custodial parent needs to move out of New York State and both parties agree the children should live with the non-custodial parent to avoid disruption.
- Alternatively, the custodial parent wishes to relocate with the children and the non-custodial parent objects.
- The non-custodial parent believes the custodial parent is no longer physically or mentally capable of caring for the children and wishes to seek custody.
It is important to note that unless the parents reach an agreement on their own, a Fulton County judge will not grant a petition for modification of an order of support until at least three years have passed since the entry of the original divorce judgment. In addition to child support, the court may also modify the terms of a spousal maintenance (alimony) order, although these are granted only in rare circumstances. You also cannot seek post-divorce modification of a property division order, unless there is evidence that certain property was left out of the original judgment.
Seek the Help of Divorce Modification Lawyer in Fulton County
Ideally, you and your former spouse are on good terms following your divorce. This will make negotiating a divorce modification much easier. If you can both present an agreement to the court that makes sense, it is much better for everyone concerned than a contested proceeding.
But as with negotiating any legal agreement you also need to have experienced counsel at your side. The Colwell Law Group, LLC, can help you at every stage of the divorce modification process, from meeting with your former spouse’s attorneys to preparing the necessary court forms to ratify an agreement. Call us at 518-320-7314 or contact us online to schedule an initial consultation today.