Child support orders and other similar awards may be subject to modification over time. But in order to determine whether the petitioner is entitled to an adjustment, an experienced Nassau County modification lawyer must review and analyze the specific facts of each case. Statutory and case law have evolved in a way to establish different standards that are required to modify an award of child support, spousal support, or even custody issued by the court after trial. If an order of child support is based on an agreement made between the parties, the process is different. Generally, when an agreement exists, the party seeking a modification must show an unanticipated and unforeseen change in circumstances. Failure to prove such circumstances will result in the court's unwillingness to disturb the contract between the parties.
However, where the petitioner is seeking an upward modification and proves that the children's needs are not being met, the higher standard of having to prove unanticipated or unforeseen circumstances may not be required to obtain the sought after relief.
Ready to discuss your case with a seasoned Nassau County divorce attorney? Call Jane K. Cristal, P.C. today at (800) 817-5029.
When one party wants to modify a court order of any kind, they must be able to demonstrate the reason for requesting the modification and the reason the court should be willing to grant it.
Factors that the court may consider:
Increased needs of the children based upon special circumstances
Additional activities appropriate to the children's ages and maturity
Increased cost of living that results in an increase of expenses for the children
Loss of income or assets of a parent
Substantial improvement in the financial circumstances of a parent
Prior and current lifestyle changes of the children
Statutory law provides that either party may make application seeking that the court modifies a prior order or judgment as to maintenance or child support based upon a substantial change in circumstances. If the parties entered into a valid agreement in writing concerning spousal maintenance, the petitioner seeking an upward or downward modification must show the court extreme financial hardship.
If you need a modification, call our divorce lawyers in Nassau County at (800) 817-5029.