Modifications

Brooklyn Post-Divorce Modification Attorneys

Modify an Existing Family Law Order

Family situations change over time – this is true even after divorce. As your children grow up, lifestyle changes may require modifications to custody or child support orders. As ex-spouses grow apart and navigate their separate lives, they may need to adjust a spousal support order. Changes to any court order must be approved and implemented by the court, no matter how minor they may seem.

At Arnel Law Firm, we have thorough knowledge of the circumstances that must be proven and the procedure that must be followed to amend a court order. Our modification attorneys in Brooklyn can help you present or defend against an alleged change of circumstances in a support or visitation modification request.

If you need help with modifying your family law order, contact us today at (718) 550-3024 for a consultation. We’re here to help you navigate the process.

How to Make Changes to Custody, Visitation & Support Orders

If your or your child’s needs have changed significantly, you may need to modify your existing child custody order. In custody and visitation matters, courts make decisions based on the child’s best interests.

Common reasons people seek modifications to child support or custody include:

Job loss
Illness or injury
A significant change in income
Relocation
One parent has exhibited abusive or neglectful behavior

Keep in mind that the court is unlikely to change support payments if the loss of income occurred as a result of your choice or deliberate actions.

We can also help with enforcement of child support or custody issues if a party is failing to comply with a court order.

Factors Considered by the Court for Modification

When you seek a post-divorce modification, the court will carefully consider several factors to determine if the change is necessary and appropriate. The most important factor is always the best interests of the child, but other factors may include:

Change in circumstances: This could include significant life changes, like a job loss, illness, or injury. The court will assess if these changes justify modifying the existing orders.
Financial changes: If a party experiences a substantial change in financial status, like losing a job or receiving a significant raise, the court may adjust child support or alimony payments accordingly.
Parental behavior: The court will consider whether any parent has demonstrated neglectful or abusive behavior, as this may impact custody or visitation orders.
Child’s needs: If a child’s needs have changed, such as health issues or educational needs, the court may adjust the custody or support orders to ensure those needs are met.
Relocation: If one parent plans to move out of state or far away, the court will review how this will affect custody and visitation, and whether a change is necessary.

Call for a Free Initial Consultation

The most important step you can take to protect you and your child's interests is to retain a trusted family lawyer. Our Brooklyn modification attorneys at Arnel Law Firm can answer your questions and provide a straightforward assessment of your case during a free consultation.

Ready to discuss your post-divorce modification? Contact us now at (718) 550-3024 and get expert guidance from our experienced attorneys.

Types of Modifications Available

There are several types of modifications that can be requested after a divorce, depending on the situation. Some of the most common include:

Child custody modifications: Changes to custody orders can occur if the child’s living situation or the parent's circumstances have changed.
Visitation modifications: If a parent cannot meet the terms of the original visitation agreement, modifications can be made to the schedule.
Child support modifications: These can be requested if there is a significant change in income, such as a job loss or raise, or if the child’s needs change.
Spousal support (alimony) modifications: A spouse paying alimony may request a modification if they experience financial hardship, or if the receiving spouse’s needs have changed.
Health care and educational expenses: In cases where a child’s medical or educational needs increase, modifications can be made to address these additional costs.

Steps to Request a Post-Divorce Modification

If you believe a modification is necessary, here’s a step-by-step breakdown of what you should do:

File a petition: You must file a formal request with the court, asking for the modification and explaining why the change is needed.
Provide evidence: You’ll need to present evidence to support your case. This may include financial documents, medical records, or testimony.
Court hearing: After the petition is filed, the court will schedule a hearing where both parties can present their case.
Court decision: The judge will consider all the factors and evidence before making a ruling on the modification. If granted, the original order will be adjusted.

Understanding these factors and steps can help you better prepare for the modification process and increase your chances of a successful outcome.

Frequently Asked Questions (FAQs) About Post-Divorce Modifications

Can I modify my divorce agreement if I just don't like it anymore?

Modifications are typically only granted if there has been a significant change in circumstances, such as a job loss, illness, or a child’s needs changing. Simply being unhappy with the original agreement is usually not sufficient for a modification.

How long does it take to get a modification approved?

The timeline for a modification varies based on the complexity of the case and the court’s schedule. It can take several months from filing the petition to receiving a decision. It’s important to be patient and follow through with the process.

Can I modify a child support order if my ex-spouse isn’t paying as agreed?

Yes, you can request a modification if the other party is not fulfilling their obligation. However, you will need to demonstrate that the existing support order is not being followed and that a modification is necessary to enforce it.

Can I request a modification for my child’s medical expenses?

Yes, if your child’s medical needs change or if the financial responsibility for their healthcare has significantly increased, you can request a modification to address those expenses.

What happens if one parent is not agreeing to the modification?

If one parent disagrees with the proposed modification, the matter will be brought before the court. A judge will review the reasons for the disagreement and make a decision based on the best interests of the child and the changes in circumstances.

Can I modify a custody agreement if my child doesn’t want to see the other parent?

If a child is old enough to express their wishes, the court will consider their preferences. However, the court will still prioritize the best interests of the child, which may not always align with their wishes.

What do I need to prove to modify a spousal support order?

To modify spousal support, you must show a substantial change in circumstances, such as a significant increase or decrease in income or a change in the needs of either spouse. The court will consider how these changes affect the fairness of the original order.

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“When I left the court room that day I was so happy my blood pressure went down.”
Mr. Arnel thank you very much for your help. When I received the court paper I wanted to call someone for help, you were the first Lawyer I call. You had help me before with some child support difficulties. And when I couldn't reach you, you daughter, Lawyer Lauren Arnel answered the phone. She was very understanding and kind enough to give me your email address. The day I came to New York City for the court date, I came with a heavy heart not knowing what's going to happen. But in the court that day Lawyer Howard Gardner presented the case beautifully and ask the court for a dismissal. And the Judge had to dismiss the case with no further argument. When I left the court room that day I was so happy my blood pressure went down.
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Excellent law firm. I am a father/service member that was awarded primary physical custody, final decision making of my son, and my child support payments was terminated thanks to Arnel law Firm. Curt, Lauren and Howard have years of experience and will represent you like Mike Tyson in the ring. They are relentless to the very end. They were able to prove that I was the more involved parent, had my son the majority of the time ( because of the mother choices), and was able to prove the mother's statement of having our son half the time was false along with many other false statements. Also they are honest with you from the beginning in terms of letting you know whether or not your case has enough substance to move forward to a court proceeding and even if its not they will advise you in the consultation what steps you will need to take. They will not waste your or their time. Highly recommend this law firm for divorce and custody battles.

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Mr. Arnel and his daughter Ms. Lauren Arnel litigated my divorce jurisdiction dispute with complete success. I felt very confident in their advocacy of my case. Mr. Arnel is a gifted attorney; I could not have asked for better. He is highly persuasive, professional, doesn't mince words, yet gracious and gentlemanly at the same time. He inspires confidence, and the outcome proved my confidence in him was well placed.

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I was extremely devastated when I reached out to the law office due to concern over a potential custody battle. I left a message and was contacted the same day and time that I was given. Curt was so attentive and knowledgeable. All of the questions I had were answered. I left the phone call feeling 100 times better than I did when I originally called. Even after asking a bunch of questions knowing that I wouldn't need his services he continued to answer questions with honest answers making it very clear how efficient he was in his field. I am very happy that I found him and honestly hope I won't have to use him in the future. However if the services are needed I would definitely pick him!

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If you are looking for a attorney that's very knowledgeable in his practice definitely speak with Curt Ariel. He's open and honest. Mr. Ariel answered all of my questions and I feel better about moving forward with my case.

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I highly recommend and respect Mr. Curt Arnel for all of his hard work and dedication to my custody case in the past. Mr. Arnel's knowledge, expertise, perseverance, and understanding helped my father to win our case which was NOT a walk in the park. I am forever grateful for everything Mr. Arnel has done for my father and I. Because of Mr. Arnel, I was given a chance to have a great life with my father who was loving, devoted, and did everything in his power to protect and educate me and provide the best life possible. Mr. Arnel saved me from a very unfortunate situation with my mother at a very young age. Due to his amazing work ethic and determination years ago, I am a successful woman and mother today! If you are looking for an attorney who will do everything in their POWER to FIGHT for you, TRUSTWORTHY, and devote their undivided attention to you and your case, look no further....Mr. Curt Arnel will show up and show out for YOU!

M.C.
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Curt Arnel is an ethical attorney with extensive legal knowledge and compassion for his clients. Mr. Arnel will relentlessly fight to win your case, and I highly recommend him. He handled my divorce and did an excellent job throughout the process. He looks out for the interests of his client and provides encouragement and support in a very stressful process. Thank you, Mr. Arnel, for all you do and for treating me like family. I would highly recommend Mr. Arnel.

L.M.
“If you or someone you know needs a family lawyer call Curt Arnel.”
If I could give 10 stars I would. If you find yourself in the unfortunate position where you need to speak to an attorney to resolve any issues concerning your family, Curt Arnel and his team should be your only call. This is a long post. I called Mr. Arnel's office expecting to speak to a receptionist, I was wrong. Mr. Arnel answered the phone and we had a 45-minute conversation about our issue. He was so generous with his time. He answered every question I had and even brought up a few points I didn't even think of. I was blown away at how casual the conversation was. It was like I was speaking with an old friend. I never felt rushed. He explained to me how he had just resolved a similar matter and explained the whole process including numerous options to resolve the matter. My wife and I took his advice and are so thankful we did. If you or someone you know needs a family lawyer call Curt Arnel. You'll be glad you did. We are.

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Facing a challenging divorce or family law matter in Brooklyn? Trust Arnel Law Firm's 35+ years of experience to guide you through every step.

Our dedicated team, led by attorney and CPA Curt Arnel, offers personalized solutions to protect your assets and future. Schedule your free consultation today by calling (718) 550-3024