New York Modifications to Existing Orders
A divorce modifications to existing orders attorney in New York may be the right person to help you if you are curious about changing existing orders handed down in your divorce.
You are eligible to pursue divorce modifications to existing orders in a number of different situations but in all of these, it is helpful to have the insight of a knowledgeable attorney to help you figure out whether or not you meet the grounds and how to proceed. Terminating child support or modifying child custody are common reasons why you might want to set aside time to talk to a lawyer.
A New York divorce modifications to existing orders lawyer is strongly recommended if you have questions about how to proceed and what to avoid many of the most common mistakes. A New York divorce modifications to existing orders attorney can help explain the documentation you will need and what you must be able to illustrate to the court to receive these changes. Divorce and family law is extremely confusing but procedural issues can often be overwhelming for someone who has already completed a divorce.
When both sides are involved in a trial, including calling witnesses on his or her behalf presenting evidence and testifying, the court renders a final decision. This is one of the most common types of orders or judgments handed down on a divorce case and for many people the issues may end here.
However, a divorce may also be concluded based on an order/judgment on a default or an order that is dismissing the case for failure to appear. This occurs when the court moves forward to trial with a side who didn’t show up. Typically, the plaintiff will win this kind of case because no defense has been presented.
A settlement can also lead to a judgement or an order in which a judge reviews the final settlement paperwork submitted by both parties. This modification is not an amendment to the original order but instead involves a new order being issued. For example, someone who is ordered to pay spousal support may have experienced significant changes in their ability to earn a living since the original order was given.
This means that if they can show that these are continuing and substantial circumstances, the court may adjust the spousal support determination. Furthermore, if a child custody arrangement is no longer working out between the parties and it is no longer in the best interests of the children involved to participate in such a custody order, the court may also revisit whether it makes sense to update things.
You need help from a lawyer if you go this route, because otherwise you could experience problems with your case or make mistakes that mean the order is never reviewed. The court has to see that significant changing circumstances have occurred before the request to modify will even be considered. With courtrooms busier than ever, if you intend to modify child support or terminate child support, you need a lawyer at your side.
Modifications should only be handled with the help of an experienced attorney because it must be proven to the court that there are exceptional and significant circumstances involved in the case. This is to attempt to curb people who are simply wanting to keep their spouse going back to court and dealing with the hassle and the added expense. The appropriate preparation of this material can convince the court that a modification hearing is warranted and should be scheduled as soon as possible.