Staten Island, New York, Lawyer for Post-divorce Actions
Divorce itself becomes final with a judgment and court order — but life and other family events continue, and requirements for you and your ex-spouse are subject to modification.
Many circumstances will likely change positively and negatively in the years following your divorce, especially when children are involved.
If you see a need to modify aspects of your divorce settlement or need to pursue child support enforcement because an ex-spouse is not fulfilling court-ordered requirements, please contact me for legal help that can help you succeed.
Divorce Agreement Modifications
Once a divorce is finalized, it does not mean that the terms of the agreement cannot be changed. If there has been a material change in circumstances, such as a job loss or remarriage, you may be able to modify your agreement. I have helped many clients modify their divorce agreements, and I can help you too. As a family law attorney with years of experience, I know how to protect your best interests and get the results you need.
Post Divorce Issues
Divorcing couples often need legal assistance when it comes to post-divorce actions. I am Staten Island, New York, lawyer Benjamin Haber, and I represent clients in a variety of post-divorce legal issues like child custody orders, enforcement of divorce agreements, and more. As an experienced negotiator, litigator, and appeals divorce attorney, I have the skills to help you achieve the best possible outcome in your case, whether through negotiation or trial.
Legal representation is vital in post-divorce actions because the stakes are high, and the consequences of a negative outcome can be significant. If you are dealing with any post-divorce legal issues, please contact my office today to schedule a consultation.
Assisting You When Circumstances Change After Divorce
Substantial changes in the financial circumstances of either party may enable you to file an action to modify a stipulation of settlement. Common types of actions are for modification of:
- Child support or maintenance — Child support modifications are always based on a “substantial change in circumstances.” When either party loses a job, has ongoing financial circumstances dramatically improve, or when the needs of children change significantly, an action to modify support may be justified. Child support orders can be modified upward or downward.
- Child custody and visitation — When either party wants the right to greater involvement in a child’s life or believes that a change in circumstances prevents the current stipulations from being in a child’s best interest. Child custody issues often arise when one parent moves away or remarries. Another common reason to seek modification is a change in circumstances that affects a child’s safety, such as domestic violence. Child custody order modifications can be made at any time, though it is generally more difficult to make substantial changes. As a child custody attorney, I have helped many clients successfully modify their child custody arrangement and visitation rights.
- Alimony payments — When the financial circumstances of either party change, an alimony modification may become necessary. For example, if the paying spouse loses a job or the receiving spouse remarries or earns a substantial income, the court may order a change in alimony. Also, long-term divorces often involve spousal support payments that can last for years, so modifications are not uncommon.
Taking Action on Child Support Enforcement
I can also advise you on the proper legal means for compelling your ex-spouse to comply with stipulations of your settlement, as when the noncustodial parent is refusing to pay child support. You have several levels of recourse, including holding that ex-spouse in contempt of court. Child support arrangements are always modifiable, however, so even if you have a court order in place, I may be able to help you achieve a more workable agreement.
The Best Post-Divorce Legal Representation in Staten Island
Divorced couples often have to deal with a variety of legal issues that arise after the divorce is final. These post-divorce legal issues can include child custody, child support, spousal support, and more. If you are dealing with any of these post-divorce legal issues, it is important to have experienced family law attorneys on your side who can help you protect your rights and interests.
When I serve as your lawyer in a divorce, custody dispute, child support enforcement action, or any family law matter, we form a relationship that can continue when you must deal with a new need or problem. I understand that all types of changes can occur after divorce, requiring a custody modification or other change — and I know how to advise and represent my valued clients when they do.
Please contact me when you have questions or concerns about how to proceed when postdivorce issues, such as child support enforcement, arise.
Frequently Asked Questions About Post-Divorce Actions
The cost of filing for a post-divorce action will vary depending on the type of action you are seeking and the county in which you file. In general, the costs associated with filing for a post-divorce action will be lower than the costs associated with filing for an initial divorce.
The statute of limitations for post-divorce actions will vary depending on the type of action you are seeking. In general, the statute of limitations for post-divorce actions is shorter than the statute of limitations for initial divorce actions.
In some cases, you may be able to file an action to modify a stipulation of settlement. Common types of actions are modification of child support or maintenance, child custody, visitation, or alimony payments. To learn more about whether you can modify your divorce agreement, please contact my office for a consultation.
If your ex-spouse is failing to comply with the terms of your divorce agreement, you have several legal options available to you. You may be able to file a contempt action, or you may be able to modify the terms of your agreement. To learn more about your legal options, please contact my office for a consultation.
The typical issues in a divorce include child custody, child support, spousal support, and property division. If the parties cannot agree on these issues, the court will decide for them.