Once a divorce is finalized in New York, the parties typically do not expect to return to court to sort out divorce-related matters, such as property division and child custody. However, sometimes changes may have to be made to a divorce agreement due to unexpected life events. Here are some situations where amending a divorce agreement might be required.
Reasons to modify a divorce agreement
Changing the terms of a divorce agreement may be necessary if a parent wants to move to another state, county or city and this will affect the child custody arrangement. It may also be necessary to change an agreement if the needs of the children have changed. For instance, developing disabilities or a sudden medical diagnosis may require a modification to parenting time arrangements to accommodate the children’s medical treatments and appointments.
If someone is paying alimony to their ex but experiences a sudden loss of income following divorce, this might also necessitate a change to the existing divorce. terms. The payor may request that their child support or alimony obligations be modified. Changes may also be made regarding debt allocation or property division if a person’s income drops following a divorce or fraud is detected in the original settlement agreement.
How a family law attorney can help
An individual who needs to create a divorce agreement or amend an existing agreement in New York would be wise to consult a family law attorney as soon as possible. The attorney can help the individual make informed decisions regarding issues like spousal support and ensure that his or her rights and best interests are reflected in the agreement. An attorney experienced in mediation may especially help two parties struggling to find common ground and reach a mutually satisfactory agreement.