Changing Child Custody and Support Orders After Divorce
Child custody and support may be modified after divorce. However, if contained in an agreement, it can only be done if there is a substantial or unforeseen change in circumstances and a court approves the modification. If you simply stop complying with an existing order, you could be found in contempt of court.
As your lawyer, I will explain the law to you and help you make timely applications for modifications when it is appropriate to do so. I can also help you enforce an existing order if a spouse is not paying child support or providing visitation per your divorce order. My law office is in Dongan Hills, Staten Island, New York.
Here are some examples of times when you can obtain a post-judgment modification to a child custody or support order:
- If a child wants to live the other parent when he or she is of an appropriate age to decide. You can change residential custody as well as child support.
- If you want to change child custody or visitation because of issues with a parent's behavior or neglect of your child while in your ex-spouse's care. You can make this change if it is a new issue — that is, the situation did not exist at the time of your divorce.
- If you lose your job or get a lower paying job, through no fault of your own. Your child support payments can be recalculated based on your new income.
- If a parent with primary residential custody wishes to relocate. If the parent with visitation rights objects, the child cannot be moved without court approval.
- If a parent continually denies visitation, it can be cause for a change in custody.
To schedule an attorney consultation to discuss a modification to child custody and support: Call 718-351-3748 or fill out the contact form on this Web site. My law office is located on 94 Hancock Street in Dongan Hills, Staten Island, New York.
