Buffalo Modification and Enforcement of Divorce Decrees Lawyers

New York attorneys provide effective legal support for changing situations

After a divorce is final, there may be a need to revisit the case. Changing circumstances or noncompliance with the terms of the divorce judgment can mean going back to court for modification or enforcement. At the Law Offices of Randy S. Margulis in Buffalo, we help clients modify and enforce child custody/visitation, child support and spousal maintenance orders. Our law firm serves the Western New York area, providing guidance in the full range of divorce and family law matters. 

Modifying a divorce order

If your situation or that of your former spouse has changed since the divorce, you may wish to have an order modified. Under New York law, there must be a substantial change in circumstances in order to obtain a modification of child custody, visitation, child support or maintenance. Examples of substantial changes the court may consider are: 

• Significant income changes, up or down

• Parental relocation

• Changed needs of children
• Three years since the last child support order
• Remarriage
• Serious physical or mental illness
• Incarceration

Terms related to property division are rarely revisited except in extraordinary circumstances, such as fraud or concealment of assets. We will advise you on whether there may a substantial change in that may qualify for modification and if so, assist you throughout the process. 

Enforcing a divorce decree 

If your ex-spouse is not honoring the terms of your divorce, whether by not paying child support or maintenance or by violating custody or visitation orders, you have the right to file an enforcement action with the court. If the violation is related to non-payment of support or maintenance, the court may order wage garnishment, liens or another collection method. In cases where a party continues to violate orders, they may be held in contempt of court and face fines and potential jail time. 

Procedural steps for modifications and enforcements in New York

Steps to start the modification or enforcement process include:

• Gathering evidence that shows why the action is needed, such as financial documents, medical records or emails and text messages that highlight custody/visitation violations 
• Filing a petition with the court
• Having the other party served with the petition
• Attending a hearing where an attorney argues your case

In some cases, the court may order mediation for the parties to try to resolve the issues. 

How a lawyer can help with modifications and enforcement

An experienced Buffalo divorce lawyer can take the following actions:

• Identifying and collecting evidence to build a strong case for modification or enforcement
• In cases of noncompliance, negotiating with the other party to elicit cooperation 
• Filling out the forms and filing the paperwork with the court
• Presenting the evidence and arguing your case to the judge

Our attorneys also defend orders against modifications and can represent you if an enforcement action is being taken against you. 

Contact our experienced Buffalo attorneys to get help with your matter

The attorneys at the Law Offices of Randy S. Margulis in Buffalo, New York assist clients with post-divorce order modification and enforcement. Call 716-886-9600 or contact us online to arrange a consultation.