When your divorce was finalized or your Family Court case concluded, and all the t’s were crossed and all the i’s were dotted and the ink was dry on the papers, you knew what to expect. Or did you? Unfortunately, life doesn’t stand still. Jobs may be lost, illnesses may occur and needs may be different. When change happens, modifications often need to be made. Post-judgment proceedings are where requests for modifications to an original agreement are heard by a judge. We advocate for you to ensure that your best interests are protected when handling modifications.
Modifications after a divorce can be hard to obtain, but the right legal representation from a skilled New York City post judgment proceedings attorney can speed up the process. If something in your life has changed and you need to modify your divorce decrees, contact the law office of Vivien I. Stark, P.C. today. Her 30 years of legal experience has focused on family and divorce law. Trust your post judgment proceedings with a skilled and confident family law attorney in New York City.
What are Post Judgment Proceedings?
When a couple gets divorced, there are many factors they have to address to finalize the proceedings. Among other things, couples must divide and distribute property, determine custody and support for the children, and decide if spousal support is necessary. As with all of life, nothing is set in stone. Occasionally, the need to change some of these arrangements may occur. Post judgment proceedings happen when there is a significant change in life and the original parameters of the divorce must be legally changed.
To do this, the spouses must go in front of a judge and have their cases heard. Post judgment proceedings in New York can be lengthy and often require extensive documentation or proof of the changing circumstances. Usually, decrees can only be modified after 3 years have passed, though this is not always the case. Changes may be needed for a number of reasons, especially in the following instances:
Child support. If one spouse is refusing to pay child support, a ruling to enforce the payments may be obtained. If a person has a significant change in life, like a remarriage, loss of job, relocation, or other career change, the child support payments may be modified to accommodate the new situation.
Child custody. If the custodial parent is relocating, he or she may need to change some custody arrangements. Other issues could be a parent falling ill or a charge of abuse or neglect.
Spousal maintenance. If the spouses had decided on a spousal support amount and time frame, and major change has occurred, like a spouse no longer needs support, is getting remarried, relocating, etc.
Though these are not the only changes that can be made with post judgment proceedings, they are the most common. Many times, these changes are warranted because things in the spouses’ lives shift for the better. Unfortunately, there are also a lot of cases where one spouse refuses to comply with the original divorce rulings. In that case, the modification is for enforcement. Whatever the case, it is in the spouses’ best interest to seek a competent attorney to handle the modifications. The courts will need to see proof of changing circumstances. An effective New York divorce attorney can present your case effectively.
Effective Representation in New York City
If you are looking to make changes to your original divorce rulings, contact the law office of Vivien I. Stark, P.C. today. She is experienced in all aspects of family and divorce law, including post judgment proceedings. Vivien I. Stark serves New York City and the surrounding communities and is deeply committed to her clients. She has been recognized as a top contributor with superb ratings on Avvo and is an accredited member of the Better Business Bureau.
To discuss your needs, please contact us online or call us at (212) 349-1600 to schedule an in office or telephone consultation.