Post-Divorce Modifications in New York: When Can You Change Custody or Support Orders?

Divorce settlements are supposed to resolve complex family issues, but life is unpredictable, and circumstances can change over time. In New York, custody and support orders are not set in stone. When significant changes occur, either party may petition the court for a modification. This blog explains the legal requirements and process for post-divorce modifications.

When Can Custody Orders Be Modified?

Custody orders determine where a child lives and how decisions about upbringing are made. These orders prioritize the child’s best interests and aim to provide stability. However, they can be modified if circumstances substantially change.

Examples of Substantial Changes

Courts consider various factors to determine if a change warrants modification, such as:

  • Parental relocation–If one parent plans to move far enough to impact custody arrangements, the court may revisit the existing order.
  • Child’s needs–Changes in the child’s educational, medical, or emotional needs may necessitate a new arrangement.
  • Parental behavior–If one parent demonstrates behavior that endangers the child’s well-being, such as neglect, substance abuse, or domestic violence, custody arrangements may be altered.
  • Child’s preference–While not the sole factor, the court may consider the child’s wishes, particularly if the child is older and more mature.

To successfully modify custody, the requesting party must show evidence of the substantial change and explain how the modification serves the child’s best interests.

When Can Support Orders Be Modified?

Child support and spousal support (alimony) orders are also subject to modification under certain conditions. These changes often arise due to financial shifts or life events that affect one or both parties.

Common Reasons for Modifying Child Support

  • Income changes–If the paying parent experiences a significant increase or decrease in income, the court may adjust the support amount accordingly.
  • Increased expenses–If the child’s medical, educational, or extracurricular expenses rise significantly, support may be revised.
  • Job loss or disability–A parent who becomes unemployed or disabled may petition for reduced support obligations.

Common Reasons for Modifying Spousal Support

  • Remarriage or cohabitation–If the receiving party remarries or cohabitates with a new partner, the paying party may request a modification or termination of spousal support.
  • Retirement–A paying party who retires and experiences a reduced income may seek to lower their support payments.

The court evaluates whether the change in circumstances is substantial and not voluntary (e.g., quitting a job to avoid payments).

How to Request a Post-Divorce Modification

The process for seeking a modification begins with filing a petition in the same court that issued the original order. Here are the key steps:

  1. File a petition–Submit a formal request outlining the substantial change in circumstances and the modification sought.
  2. Serve the other party–The other parent or former spouse must be notified of the petition and given the opportunity to respond.
  3. Attend a hearing–Both parties present evidence and arguments before a judge, who evaluates whether the modification aligns with the child’s best interests or addresses the financial realities of the case.

What the Court Considers

New York courts place a strong emphasis on stability, especially for children. Modifications are not granted lightly and must reflect genuine need rather than convenience. Judges assess:

  • The child’s welfare and best interests.
  • The credibility and evidence provided by both parties.
  • The impact of the proposed change on all involved.

Thorough documentation, such as financial records, medical reports, or testimony from relevant professionals, is essential.

Seek Legal Guidance From a Nassau County Divorce Attorney

Navigating post-divorce modifications in New York requires a clear understanding of family law and the ability to present compelling evidence to the court. An experienced family law attorney can help you determine whether your situation qualifies for modification and build a strong case.

At Kohan Law Group, we understand the challenges life changes can bring after a divorce. Whether you’re seeking a modification or opposing one, we’re here to advocate for your rights and your family’s future. Contact us today to schedule a consultation and discuss your options.