If you experience a substantial change in circumstances, you may want to file an order modification case to change the terms of an existing order and make it more accurately reflect your current situation. Today, we're going over how the process works in New York.
How Do I Get an Order Modification?
To file for an order modification, you must experience a substantial change in circumstances that warrants changing the order's terms.
Some examples of a change in circumstances include:
- A significant change in the income (for worse or better) for either party;
- Either party marries a new partner or becomes engaged in a new type of court order;
- Either party becomes incarcerated;
- An individual involved in the hierarchy becomes incapacitated or suffers from an accident that makes the current order unsustainable;
- One party is deployed in the military;
- In a custody order, the parties involved must change their timeshare arrangement (for example, a parent gets a new job that forces them to change their schedule).
If you qualify for a substantial change in circumstances, you can file an order modification case with a court.
If both parties agree to the order modification, they can sign an order modification agreement together.
However, if the parties disagree, they must attend court. In court, the parties and their legal representation will argue why the order should or should not be modified. After hearing the arguments, the court will decide whether to modify the order and if so, what sort of a modification would be fair.