White Plains Modification Lawyer

In the life of a family, significant changes can occur after a judgment or order is entered. When they do, custody, spousal support and child support can be adjusted to reflect changes in wishes, needs and income. New York allows for modifications of custody and support, but the applicant must properly demonstrate the need for a modification.

New York law has unique requirements for modifying custody, child support and spousal support.

Custody modification — In order to successfully obtain a modification of custody, a parent must demonstrate a substantial change in circumstances sufficient to warrant a hearing on the questions of the child's best interests. There is no clear and unequivocal definition of a substantial change in circumstances. Therefore, it is critical to retain experienced and skilled counsel to present the relevant evidence and argue that a substantial change in circumstances has occurred and that it is in the child's best interest to have custody changed.

Child support modification — For separation and settlement agreements signed prior to the recent amendments to the New York Domestic Relations Law and Family Court Act, it was necessary to show an unanticipated change in circumstances. When there was a court order or judgment, but no separation or settlement agreement, a party seeking modification had to show a substantial change in circumstances. With the new amendments, child support modification is now much more feasible. Whenever there is a substantial change in circumstances, a 15 percent change in income or the passage of three years, a party can seek a modification of child support.

Spousal support modification — A modification of spousal support amounts set forth in an agreement requires a showing of extreme hardship — a very high standard. Calculating the variables that determine spousal support modification can be immensely complex. This challenge increases when issues of presumptive amounts, rebuttal evidence, statutory construction and statutory deviation are involved.

Because of the subtlety, nuance and complexity of these issues, the skill of an experienced legal team can be immensely beneficial.

Westchester County Child Custody Modification Lawyer

For nearly 30 years, we at Carton & Rosoff PC have been working on some of New York's most complex family law issues, including those of custody modifications. We are committed to working directly with you to understand your unique circumstances. We will do everything necessary to advocate strongly and effectively.

To discuss any modification issue in an initial consultation with one of our White Plains child support modification attorneys, call 914-949-6700 or email the firm.