Post Divorce Modification Lawyer Nassau County

Law Offices Of SRIS, P.C. represents former spouses throughout Nassau County, New York who need to modify custody, spousal maintenance, or child support after a divorce is finalized. Circumstances change after judgment: a parent may relocate, a child’s needs may shift, a payor’s income may change, or a party may retire, and New York law provides mechanisms to revisit certain terms of a final divorce judgment when that happens. Modification proceedings are distinct from the original divorce action and generally require the moving party to show a specific change in circumstances or a statutorily recognized basis for revisiting the prior order. The firm’s intake line is staffed 24/7, and prospective clients may call (888) 437-7747 to request a scheduled consultation. The firm does not offer free consultations and does not guarantee any particular outcome in any modification matter.

On this page

Modifying Custody After a Divorce Judgment

Custody modification after divorce continues to be governed by the same best-interests standard found in Domestic Relations Law § 240(1)(a), which directs courts to decide custody as justice requires with regard to the best interests of the child. New York does not have a separate statute specifically governing post-judgment custody modification; instead, courts apply DRL § 240(1)(a) again at the modification stage, generally requiring the party seeking a change to show that circumstances have shifted since the prior custody order was entered. Because this is a judicially developed framework rather than a distinct statutory modification standard, the outcome depends heavily on the facts presented and how they are documented.

Modifying Maintenance and Child Support After Divorce

Post-divorce spousal maintenance may be modified under Domestic Relations Law § 236(B)(6), including in circumstances such as a payor’s bona fide retirement, which New York courts treat as a potential basis for revisiting a maintenance award. Child support modification follows a different framework: Domestic Relations Law § 240(1-b), together with Family Court Act § 413(1), applies the Child Support Standards Act formula, under which basic child support is calculated as a percentage of combined parental income, 17 percent for one child, 25 percent for two, 29 percent for three, 31 percent for four, and no less than 35 percent for five or more children, applied up to a combined-income cap that is set by a separate statute and adjusts periodically. A party seeking to modify child support generally applies this same formula to updated income figures and circumstances rather than starting from a different standard.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., which was founded in 1997. He is a former prosecutor and is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems. Mr. Sris and the firm’s Of Counsel attorneys represent Nassau County clients seeking to modify custody, maintenance, or child support after divorce under DRL §§ 240(1)(a) and 236(B)(6), and the CSSA framework in DRL § 240(1-b) and FCA § 413(1).

The firm’s principal office is located in Fairfax, Virginia, and the firm does not maintain a physical location in Nassau County. Meetings are by appointment, and the firm’s intake line is staffed 24/7 so prospective clients can request a scheduled consultation by calling (888) 437-7747. The firm does not offer free consultations, and no outcome in a post-divorce modification matter can be guaranteed.

Frequently Asked Questions

What has to change for a court to modify custody after divorce?

A party seeking to modify custody generally must show a change in circumstances since the prior order, after which the court applies the same best-interests standard found in DRL § 240(1)(a) to decide whether modification is warranted.

Can spousal maintenance be modified after divorce?

Yes. Domestic Relations Law § 236(B)(6) allows post-divorce maintenance to be modified under certain circumstances, including a payor’s bona fide retirement.

How is child support modified after a divorce in New York?

Child support modification applies the same Child Support Standards Act formula used at divorce, found in DRL § 240(1-b) and FCA § 413(1), to updated income and circumstances, generally at percentages of 17 percent for one child, 25 percent for two, 29 percent for three, 31 percent for four, and no less than 35 percent for five or more children, up to a statutory income cap that adjusts periodically.

Is there a specific New York statute for “post-divorce modification”?

No single statute is dedicated solely to modification. Courts instead apply the same substantive standards used at the time of divorce, such as DRL § 240(1)(a) for custody and DRL § 236(B)(6) for maintenance, to the changed circumstances presented after judgment.

Where are post-divorce modification petitions handled for Nassau County residents?

Depending on the relief sought and how the original judgment was entered, a Nassau County post-divorce modification matter may be heard in Nassau County Family Court or Nassau County Supreme Court.

Does the firm offer a free consultation for modification matters?

No. Law Offices Of SRIS, P.C. does not offer free consultations. Prospective clients can call (888) 437-7747 to request a scheduled consultation.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.