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You have finally completed a difficult divorce, but now new post-judgment issues arise with an ex, such as the need to modify child custody or child support. In these matters, after a judgment of divorce has been entered, you need the right attorney to enforce the rights you were granted during the divorce and to revise what is no longer working. Issues such as contempt and enforcement, custody modifications, and support modifications often arise, necessitating skilled legal representation to protect the rights in New York Post Judgment Divorce Proceedings.
If your Judgment of Divorce (divorce decree) requires modification or if your former spouse is not obeying the terms of the divorce, call us to discuss your rights. The process begins with a free initial consultation with one of our Long Island post-judgment divorce lawyers. Louis L. Sternberg has helped families in New York for well over a decade in all post-judgment litigation. Throughout this period, our office has built a reputation for affordable, highly skilled representation throughout Suffolk and Nassau County . Our New York Family Law attorneys understand after a divorce, circumstances often arise that may impact your life and may require modification of an order.
New York Post Judgment Divorce Proceedings
In New York, post-judgment proceedings in a divorce context refer to the legal actions taken after the judgment of divorce has been entered. These proceedings are crucial for addressing any issues that arise following the formal conclusion of the divorce, ensuring compliance with the court’s orders, and making necessary adjustments to the divorce terms based on changes in circumstances. The scope of post-judgment proceedings can be broad, encompassing essential matters such as enforcement, contempt and modification.
Enforcement of Equitable Distribution in New York
In a New York divorce, equitable distribution is the process through which marital property is divided between spouses. When issues arise post-divorce regarding the enforcement of the equitable distribution as outlined in the divorce judgment or settlement agreement, several types of motions can be filed in court. These motions are legal tools used to request the court’s intervention to enforce or modify the terms related to the distribution of assets and liabilities.
There are many methods and tools that can be utilized to ensure that divorce judgments are enforced fully. The most common method is a motion for contempt. A finding of civil contempt is a judicial determination that a party has violated one of the terms of the divorce judgment. Upon a finding of contempt, the Court may utilize remedies including a fine, entry of a money judgment, or potentially, incarceration.
Post Judgment Custody Modifications in New York
In New York, post-judgment custody modifications refer to changes made to child custody arrangements after the final judgment of divorce has been issued. Understanding that the needs and circumstances of children and parents can change over time, New York law allows for these custody arrangements to be modified post judgment to serve the best interests of the child, which is the paramount concern in any custody decision. Generally, a custody modification application requires a showing of a substantial change of circumstances but an order of stipulation may provide for other basis for modification.
New York Post Judgment Modification of Support
In New York, post-judgment support modifications refer to changes made to spousal maintenance (alimony) and child support orders after the judgment of divorce or initial support order has been finalized. Recognizing that life is unpredictable and situations change, New York law allows for these orders to be modified under certain conditions to ensure that support obligations remain fair and reflective of the current situation of both parties.
Modification of Child Support in New York
Generally, a New York child support order can be modified based on three separate and distinct grounds.
- A substantial change in circumstances. This may include a change in parenting arrangements, the emancipation of a child, serious illness or any other substantial change.
- The passage of three years since the prior order was entered.
- A change in either party’s income by 15 percent or more.
Establishing such a basis will enable the Petitioner to have his or her support obligation recalculated based on the current financial circumstances.
Post Judgment Modification of Maintenance in New York
In New York, post-judgment modification of maintenance (also known as alimony or spousal support) refers to the process of changing the terms of maintenance awards after the judgment of divorce has been finalized. The need for modification can arise due to significant changes in the circumstances of either party. The standards and requirements for modifying maintenance differ depending on whether the original maintenance order was issued after a trial or as part of a stipulated (agreed upon) settlement.
Modification of Maintenance Orders Entered After Trial:
When the original maintenance order is a result of a trial, the party seeking modification must demonstrate a “substantial change in circumstances” since the order was entered. This could include significant changes in income, employment status, health condition, or the remarriage of the recipient spouse. The court examines the facts presented to determine if the change is substantial enough to warrant a modification of the maintenance terms.
Modification of Maintenance Orders Entered Based On Stipulation:
For maintenance orders that were part of a stipulated agreement (meaning the parties reached an agreement without going to trial), the standard for modification is more stringent – generally only modifiable if a spouse is experiencing “extreme hardship.” Of course, an agreement may include other basis for modification, and, nearly all agreements include provisions establishing events that will cause maintenance to terminate. Therefore, the ability to modify maintenance under a stipulation heavily depends on the language and terms of the original agreement.
Critical Differences in Maintenance Ordered After Trial or Based on Agreement:
The critical difference between modifying maintenance orders entered after a trial versus those entered after a stipulation lies in the flexibility and control the parties have over the modification process. Orders resulting from a trial are generally subject to modification by the court based on changes in circumstances, with the court applying a relatively consistent standard of “substantial change in circumstances.”
In contrast, stipulated orders are bound by the terms of the agreement reached between the parties. This means that if the parties agreed to specific terms regarding the modification of maintenance, those terms take precedence, and the court will generally adhere to the stipulation. This grants parties more control over their post-divorce financial arrangements but also means they must carefully consider the terms of any stipulation, particularly regarding future modifications.
Can a Divorce Settlement Be Changed in New York?
In New York, once a Stipulation of Settlement in a divorce, particularly regarding property division, is finalized and incorporated into the judgment of divorce, it is generally considered binding and final. The division of property in a divorce is intended to be permanent determination and resolution regarding marital assets and liabilities. This means that once the parties agree to the terms of property division and changing these aspects of the agreement post-judgment is quite challenging. Generally, such a challenge must be based in fraud, coercion, unconscionability, or a violation of public policy, although some agreements may include provisions that explicitly allow for additional basis to modify the terms.
Regardless of the terms of any stipulation or judgment of divorce, the parties are always free to renegotiate new terms and, upon being memorialized in a written agreement with the necessary formalities, such new stipulation will be accepted by the Court. These agreements are commonly referred to as Modification Agreements.
New York Post-Judgment Divorce Lawyer
Every family’s situation is unique, and a one-size-fits-all approach does not suffice. The hallmark of an expert County divorce lawyer is their ability to develop a personalized legal strategy that reflects the specific needs and goals of their client. By taking the time to understand the intricacies of each case, they can craft a legal approach that is both pragmatic and compassionate, ensuring that their clients feel supported and confident in their representation.
Protecting yourself in the aftermath of a divorce requires a legal advisor who is not only a fierce advocate in the courtroom but also a source of support and guidance. Our prominent and recognized attorneys are leaders in the Long Island legal community and embody this balance, providing their clients with the empathy and understanding they need during challenging times, while also being prepared to aggressively defend their rights and interests in legal proceedings.
Speak with a Suffolk County Post Judgment Divorce Lawyer
Choosing the right divorce lawyer in Suffolk County, New York, particularly one specializing in post-judgment litigation including contempt / enforcement, custody modifications, and support modifications, is a decision that significantly impacts your future. It’s about more than just legal expertise; it’s about finding a legal partner who is committed to achieving the best possible outcomes while guiding a family law client with compassion, integrity, and unparalleled professionalism.
If your Judgment of Divorce requires modification or if your ex spouse is not obeying the terms of the divorce, call us to discuss your rights. The process begins with a free initial consultation with one of our Long Island divorce modification lawyers. Louis L. Sternberg has helped families in New York for well over a decade in all post judgment litigation. Throughout this period, our office has built a reputation for affordable, highly skilled representation throughout Suffolk and Nassau County. Our New York Family Law attorneys understand after a divorce, circumstances often arise that may impact your life and may require modification of an order.
Contact us now to schedule your free consultation for your post judgment divorce matter. To speak to one of our Suffolk County post-judgment divorce attorneys, call us today at (631) 600-3295 or contact us online.