Practical Advice About Post-Divorce Modification in New York
After a divorce decree or order, each parent might have gone through some very significant changes. One or the other might be a lot richer or poorer; someone might have suffered a health crisis or disability; either or both might have remarried. Even if nothing else has changed much, the children will be that much older, with the new interests, needs and expenses that go along with growing up.
It's not unusual for the financial and parental arrangements of a prior order or divorce decree to require some adjustment in future years. If you're thinking about the modification of child support or custodial arrangements to meet significantly changed circumstances, or if you need legal advice about your ex's recent modification request, the family law attorneys of Romeo & Schmitt, P.C. can advise you about your rights and responsibilities. Contact us in Rochester for to schedule a consultation about your legal options on either side of a modification proposal.
Call 866-721-5655 or 585-232-1770 for an Attorney's Advice About Modification
On financial modification issues, the court will likely grant a request for an increase or decrease in child support or spousal maintenance if the moving party can show a significant change in material circumstances that would justify an adjustment in the order. The opposing party will have a chance to show that the changed circumstances are mischaracterized or overstated, or that his or her own situation makes the requested change impossible or highly impractical to accept.
Our lawyers will take a close look at your case and give you a good sense for what a court would likely do with the modification request, and develop a strategy for presenting your side of the case in clear and persuasive terms. Since February 2010, when New York's income limits for basic child support calculations changed, we've heard from many people who need to understand the practical impact of raising the baseline income cap from $80,000 to $130,000.
We also advise people who need to revisit custody and visitation arrangements based on a crisis in the life of the parent with primary custody, or on a proposal to move with the child away from the Rochester area. It's very difficult to convince a court to grant modification of a child custody order that would interfere with an opposing parent's access and relationship with the child.
Find out more about our practical approach to post-divorce modification on financial and custody issues in New York divorce. Contact Romeo & Schmitt in Rochester today.
