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Post-Judgment Modification of Support
Dow Divorce Law Staten Island Family Lawyers
Circumstances in your life may have changed since your divorce was finalized with a settlement agreement. You may need greater assistance with child support due to the increased needs of your children or due to a loss of income. You may need additional spousal support from an ex-spouse so that you can get the education or job training required to transition yourself into the job market. You may have been beset by an illness or disability that has caused you to lose employment, requiring increased assistance from your ex-spouse. You may be the paying spouse who has suffered changes which prevent you from providing the support you originally agreed to. Seek assistance from us at Dow Divorce Law right away!
Speak With a Staten Island Divorce Lawyer
Child support and spousal support obligations can be modified through the courts. When child support modification is sought, the courts will consider it in light of what is in the best interests of the child. Spousal support can also be modified through the courts if you can show the occurrence of a substantial change in your circumstances which justifies such a modification. In either case, you will need a competent Staten Island divorce lawyer to manage your case.
Contact us if you need to seek a post-judgment modification of support through the courts.
Have Questions?
We Have Answers!
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What Are Grounds for Divorce in the State of New York?In New York any of the following reason will qualify you for a divorce: complete marital division (no-fault divorce) for a period of at least 6 months, abuse, abandonment, prison time, cheating, or a period of legal separation.
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Can I Start a Divorce Against My Spouse When I Reside in New York, but My Spouse Does Not Reside in the Country?The short answer to this question is, generally, yes, however, this is a complicated issue and it is important for you to speak with an experienced attorney about the issues of service of process on your spouse pursuant to international law. When the country in which your spouse is to be served is a signatory to the Hague Service Convention, the documents to be served will need to be translated into the official language of that country and presented to a Central Authority authorized to effectuate service in that country. This is often a lengthy process, which includes the translation of legal documents, shipping of those documents abroad, and locating your spouse. Attorney Dow has experience organizing the service of international process and welcomes the opportunity to help you serve your internationally located spouse.
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Do I Need to Live in New York to File for Divorce in New York?
Before you can obtain a divorce in New York State, you must meet one of the following residency requirements:
- The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and both parties live in New York at the time of filing.
- Either party has lived in New York for two years or more prior to filing.
The court cannot maintain jurisdiction over a divorce action unless one of these five residency requirements exists. Any challenge to residency must be raised during the divorce proceedings, and will not be entertained post judgment.
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