For a court to grant a modification, one party must prove that their change in circumstance has drastically affected their financial situation. A party may seek a modification for:
- spousal support;
- property division;
- child support;
- child custody; and/or
- child visitation.
To begin the modification process, one party must file a petition for modification of their original divorce decree with a county court. In this petition, there must be an explanation as to why the modification is necessary. The court will then hold a hearing to consider whether this change in circumstance warrants an amendment to the decree.
Most courts consider the following when deciding upon modifications:
- Whether the paying party has lost a job or suffered an illness or injury that impedes them from performing their job.
- If the receiving party has substantially increased their income.
- If the receiving party has received a large inheritance or begun a new relationship that allows them to have a better lifestyle.
- If the needs of the children have increased.
The party seeking modification is responsible for proving the above criteria. This may require extensive documentation and evidence that an attorney experienced in modifications can help with.
If both parties agree on the modification before going to court, then they need to create and sign an official agreement and attach it to the petition.
Helping You Modify Court Orders
At Goldweber Epstein LLP, our attorneys can help you determine whether a modification is necessary. From there, we will work with you to get your case heard by the court and do what we can to get your modifications legally enforced.
Call our firm today at (917) 809-7669 or contact us onlinefor a legal consultation.