Queens Divorce Modifications to Existing Orders
If you have concerns about making changes to orders that were already established at the conclusion of your divorce, you need a Queens divorce modification to existing orders attorney. Without the assistance provided directly by a divorce modification to existing orders attorney in Queens, you may have to live with the consequences that an order is no longer aligned with your family's individual needs. Try to come to an agreement if you can with the former spouse, but if you can’t generate your own separation or settlement agreement, you can turn to a lawyer.
Divorce modifications are only granted in particular situations in order to cut down on the number of people seeking to continue a divorce action unnecessarily or when issues are not serious enough to prompt the court to review things. It is important to realize that post-divorce disputes are unfortunately quite common. If it has been several years since your divorce orders were initially issued and they no longer are in line with your family's unique needs, you need to consult with an experienced attorney immediately.
Unfortunately, life does not always go according to plan, and this is one case when you need a Queens divorce modification to existing orders lawyer to assist you with filing the appropriate paperwork.
Before even getting a hearing to determine whether or not modifications will take place, you need to illustrate to the court that there have been significant and continuing circumstances in your life or the life of the children that would warrant a review of these issues.
Sometime these disputes could be settled amicably through dispute resolution, but more often than not, they will require the assistance of an attorney to ensure that everything is properly documented and taken care of. Examples include, enforcement of previous orders and changes of finances as it relates to hiring an attorney to help with post-divorce issues. Common issues associated with divorce enforcement of previous orders include nonpayment or the lack of willingness to pay spousal maintenance or child support.
Modifications, however, are typically requested for child support or child custody when there have been major changes in the lives of one or both spouses or the children. A child custody order that may have worked several years ago may no longer may applicable for the best interests of children in your unique situation. This is one common reason to request a modification of child custody.
Furthermore, someone may request termination of child support based on your individual circumstances or may suggest that child support be raised or lowered based on the individual needs of the child as well as the paying parent's ability to hold down a job and a regular income. These are all critical issues that the New York courts take quite seriously but you must be able to illustrate this information properly in order to receive the benefit of having a judge review the orders. Divorce modifications to existing orders can take place at any time after the divorce has concluded, but typically will not be reviewed unless there has been some period of time since the existing order was put in place. You cannot request a divorce modification in the days or weeks immediately following your divorce action, for example, unless there are emergency situations. In all of these cases, it's beneficial to have an attorney to tell you whether or not you meet the grounds to request a divorce modification to an existing order when changes must be made.