Nassau County Modification Attorney

Post-Judgment Modifications for Maintenance, Support & Custody

A divorce judgment isn’t always the last word. When circumstances shift significantly after a judgment is entered, New York law allows the affected party to petition the court for a modification. At Jason M. Barbara & Associates, P.C., based in New Hyde Park and serving clients throughout Nassau County, Suffolk County, and Long Island, our team has more than 20 years of experience handling these post-judgment matters.

Direct Attorney Involvement in Every Modification Case

Modification cases succeed or fail on documented proof. The court needs to see a clear, well-organized record showing how and why circumstances have changed since the original judgment. That’s why it matters who builds your case strategy.

Attorney Jason M. Barbara personally plans and strategizes each client’s case rather than delegating that work to junior staff. This boutique-style approach means you work directly with the attorney handling your case, not a rotating team of associates. That direct relationship has earned the firm recognition in national and local media, including ABC, Fox, and The New York Times.

What Can Be Modified After a New York Divorce

Spousal maintenance, child custody, child support, and visitation terms can each be modified through a separate court petition, and each is governed by its own legal standard. Property division, or equitable distribution, is a different matter entirely. Once a judgment dividing marital assets is entered, it’s generally final and not subject to the modification process that applies to support and custody.

Modifying Child Support in Nassau County

Under Domestic Relations Law 236(B)(9)(b) and Family Court Act 451, New York courts can modify a child support order in three distinct situations: a substantial change in circumstances, proof that three or more years have passed since the order was entered or last modified, or a showing that either parent’s gross income has changed by 15 percent or more. Any one of these grounds is sufficient.

One important limitation applies to income-based claims: an involuntary drop in earnings qualifies only if the parent seeking the reduction has made diligent efforts to find comparable work. Courts look at the full record, not just the current paycheck. Timing matters just as much. Modifications aren’t retroactive, meaning a court can generally only adjust the obligation from the date the petition is filed. Arrears that built up before filing stay on the books. Filing promptly after a qualifying change can be financially important.

Modifying Spousal Maintenance: Two Different Standards

The standard for modifying a maintenance order depends on how that obligation was originally created. When a court ordered maintenance after a trial, modification is available upon a showing of the payee’s inability to be self-supporting, a substantial change in circumstances including financial hardship, or the payor’s actual full or partial retirement that produces a substantial change in financial circumstances.

When maintenance was set by a written separation agreement or stipulation of settlement, the bar is higher. A party seeking to modify agreed-upon maintenance must demonstrate extreme hardship, not merely a substantial change in circumstances. Which standard applies to your situation determines what evidence you need to gather and how the petition should be framed.