A Syracuse family court may issue an order for a variety of reasons. For example, a court may issue a property division order when a couple is going through a divorce, a spousal maintenance order, a child custody or child support order, and more.
If an order was issued with the intent of lasting for a significant duration of time--i.e., more than a couple of years--it makes sense that over that period of time, parties’ circumstances could change. For example, a child ordered to live with a mother may want to live with their father, or a party ordered to pay spousal maintenance may lose their job, and have insufficient funds to make payments. When this is the case, modifying a family court order may make sense.
When Modifications Are Permitted
First of all, it is important to note that not all family court orders can be modified. In fact, property division orders are an example of court orders that cannot be changed once they are issued. On the other hand, maintenance orders, child support, and child custody orders may be changed.
Modifications are permitted when a substantial change in circumstances warrants the modification, or/and when both parties agree to the modification and submit the request to the court. In some cases, there is also a time requirement - for example, to modify a child support order, three years must have elapsed since the order was issued or last modified.
How to Modify a Family Court Order in Syracuse
In order to modify a family court order, you will need to file a petition for modification. While you are not required to work with a lawyer during any step in the process, doing so is recommended. An attorney can help to ensure that your form is filled out and filed correctly. Further, your attorney can assist you in reaching an agreement with the other party affected by the modification (typically an ex-spouse), or represent you during a court hearing. An attorney will also help you to prove that a significant change in circumstances justifies the modification.
Contact Our Law Offices Today
Life happens, and when it does, modifying a court order may be the best thing for you. If you want to learn more about the modification of family court orders in Syracuse, or need representation, please contact the Bombardo Law Office, P.C. today. You can reach us by phone or online to schedule a consultation.