Modifications of Judgments

Issues involving child support, child custody and visitation, and other matters can arise long after a divorce is issued. When seeking a modification of these orders, it is important to protect your rights and those of your children. At Bukh & Associates, we believe in providing assertive representation designed to protect our clients' rights and interests to the fullest degree possible. We advise and represent clients' post-judgment modification matters involving:

 

•  Child custody modifications - The determining factor in petitions to modify child custody orders is what is in the best interest of the child. The courts typically examine issues involving the child's health, welfare, and education when making modification decisions.

 

•  Modification of Visitation - Visitation schedules can be altered for a variety of reasons, including changes to parents work schedules, the child's school activities, and the changing needs of the child. As with custody decisions the interests of the child are the paramount concern.

 

•  Child support modifications - The courts consider a number of issues when faced with requests to modify child support orders, changes in income, loss of a job, the emancipation of a child, change of custody, or the birth of another child. Depending on the circumstances, child support can be increased or decreased.

 

•  Modification of spousal maintenance - Alimony payments can be decreased, increased, or terminated depending on a variety of situations. Some of the common issues in the modification of spousal support include, remarriage, a spouse attaining self sufficiency, or the loss of employment.

 

  Over time, one's life situation and finances can change dramatically. Whether you are entitled to a modification of child support or maintenance is often a complex legal question which depends upon the specificities of your divorce agreement. If you have no agreement, but a judgment after trial the standard for modification is less burdensome, in many cases, than a modification of an agreement. In these cases, Bukh & Associates will carefully review all your documents and advise you as to your chances of success in seeking a modification.

 

  Some situations such as a proposed parental relocation are far more complex and potentially contentious. Depending on circumstances, our lawyers may be able to negotiate with the other party to achieve a workable and mutually acceptable solution. But if there is no easy answer, these types of disputes will likely lead to litigation. Bukh & Associates will effectively represent your interests in court in order to achieve your goal.

 

  Modifications can regard several elements of family and divorce law, including spousal support, child support, child visitation and child custody rights. All of these family law issues can be crucial to your well-being and the well-being of your family.

 

  In order to modify your support, visitation or custody arrangement, a material change in the circumstances of a parent or your family must be demonstrated. Material changes include:

 

•  Relocation to another city or state

•  An increase in the income of the paying party, which usually results in an increase in the support order.

•  A new schedule due to a change in employment or job loss

•  Remarriage

•  Dangerous or negligent behavior by a parent, including problems resulting from drug or alcohol use or abuse

•  Ineffective legal representation at your divorce

•  Desire of children or older children to spend more time with the noncustodial parent

•  Disability or illness of a parent or special needs of the child

 

If you are considering modifying your post-judgment support, visitation or custody arrangement, or facing issues of enforcement, it is important that your legal proceedings be handled by an experienced family law attorney who can build your case and protect your rights.

 

 Our firm combines personalized service, vast experience and strong advocacy in and out of court to identify the arrangements that will work for you, and to work for persuasive arguments during the modification process. We have helped hundreds of people in both states NY and NJ fight for and win the modified arrangement that will serve their family circumstances and the needs of the minor child or children.

 

  Regardless of the reasons or issues involved, it is important to seek a legal modification of a divorce agreement. Even when people agree to a modification, circumstances change, and it is important to have the power of the court to backup any agreement. We are committed to helping people modify divorce agreements to better meet their changing circumstances.