Divorce Modification Attorney in Westchester County

When Life Changes, Count on Our Westchester County Modification Attorneys

Life circumstances change, and sometimes you need to update your divorce or custody order to reflect your new reality. If you are facing job loss, relocation, health developments, or your child's needs have shifted, it may be time to modify your court order.

We understand the decisions you face affect your whole family. You are not alone in this process. With nearly fifty years of combined legal experience, our attorneys have handled family law matters throughout Westchester County. When you work with us, you have direct access to our legal team every step of the way, ensuring your concerns are heard and your rights remain protected from start to finish.

If you need to change child support, modify your parenting plan, or address shifts in financial circumstances, we provide guidance, experienced representation, and the personal attention your case requires. Our attorneys know the details of Westchester's family court system and approach each case with care and skill.

Is your divorce judgment outdated? Call a dedicated divorce modification attorney in Westchester County now for a free initial consultation. Our firm is 24/7 available and backed by over 5 combined decades of practice. Call us at (914) 712-6878 or contact us online now.

Understanding the Legal Standards for Modifications in New York

Modifications to final divorce orders fall into three major categories, each governed by a specific, mandatory legal standard that we must prove to the court.

Modifying Child Support Orders

New York law recognizes three specific, distinct grounds for modifying a child support order, two of which are considered "automatic" triggers unless the parties specifically opted out in their original agreement:

• Substantial Change in Circumstances: This is the traditional, high burden, requiring proof of a significant and involuntary change that impacts the ability to pay or the child's needs (e.g., serious illness, long-term involuntary job loss).
• Income Change Exceeding 15%: A significant and involuntary increase or decrease in either party's gross income by 15% or more since the last order was entered (unless waived by the original agreement).
• Three Years Elapsed: Three years have passed since the order was entered, last modified, or adjusted (unless waived by the original agreement).

As your Westchester County modifications lawyer, we analyze the original agreement to determine the applicable standard and meticulously document the change to ensure we meet the required burden of proof.

Modifying Child Custody and Visitation Orders

Changing a custody or visitation arrangement carries the highest burden, as New York courts prioritize stability and continuity for the child.

• Substantial Change in Circumstances: The petitioning party must first demonstrate a substantial or significant change in circumstances since the last order was entered. This is the threshold requirement.
• Best Interests of the Child (BIC): Once the threshold change is met, the court evaluates the proposed modification based on the BIC standard, considering factors like the quality of the home environment, parental guidance, parental stability, and the child's adjustment.

Evidence of parental unfitness (e.g., substance abuse, domestic violence) or persistent violation of the original order by the custodial parent can constitute a substantial change warranting modification.

Modifying Spousal Maintenance

Modifying spousal maintenance is possible, but the burden often depends on whether the original award was made by a judge or was the result of a settlement agreement.

• Court-Ordered Maintenance: Requires demonstrating a substantial change in circumstance (e.g., involuntary loss of a job, significant change in the recipient's ability to be self-supporting).
• Agreed-Upon Maintenance: If the terms were established in a settlement agreement, the burden is often much higher, sometimes requiring proof of "extreme hardship" or a specific modification clause outlined in the agreement itself.

The Westchester County Post-Judgment Process

Modifications of divorce judgments are typically filed as motions in the original Supreme Court action or as petitions in the Family Court, depending on the specific issue and the original language of the judgment.

• Filing the Motion/Petition: The process begins with filing a formal request in the appropriate court (Supreme Court for most maintenance and divorce judgments; Family Court for many initial child support and custody matters). The petition must meticulously detail the substantial change in circumstance and the proposed remedy.
• Gathering Evidence: The burden of proof rests entirely on the party seeking the change. We gather crucial documentation: tax returns, pay stubs, medical records, termination notices, custody affidavits, and sometimes investigative reports to support our claim.
• Discovery and Hearings: The opposing party has the right to conduct discovery to verify the alleged change. For contested custody modifications, the court may appoint an attorney for the child (AFC) and conduct a full evidentiary hearing.
• Retroactive Modification Restriction: A critical element of New York law is that modifications of support and maintenance are generally not retroactive. They only take effect from the date the motion or petition is filed. This emphasizes the need for immediate action by a Westchester County modifications lawyer when circumstances change.

Why Choose Riebling & Payton, PLLC for Your Divorce Modification

Selecting a legal team for your divorce modification means choosing attorneys who know the law and understand the local systems that will impact your case. At Riebling & Payton, PLLC, clients work directly with Stephen Riebling and Marcia Payton—attorneys who have spent decades guiding families through post-divorce changes in Westchester County. 

Their broad experience spans child support modifications, custody updates, and unique financial circumstances before the very courts where your matter will be decided.

We focus on client needs and adapt our services to your specific situation. Our process includes transparent communication, honest case assessments, and involvement at every key decision point. With convenient offices in Mount Kisco and White Plains, and our willingness to travel across Westchester County, you benefit from flexible and accessible legal support.

Our Step-by-Step Approach to Protecting Your Rights

We start every modification by listening closely to your goals and understanding the changes that have occurred. Next, we explain the legal framework and what evidence you'll need to present for a successful modification in Westchester County.

We guide each client through a clear process:

• Initial consultation to discuss your circumstances and objectives
• Detailed review and collection of records or supporting statements
• Preparation and filing of necessary papers in the proper court
• Ongoing case updates, communication, and preparation for hearings
• Direct representation at negotiations or court appearances

We keep you informed about each development, address your questions promptly, and adjust our approach as your case progresses. You always work directly with our partners, not with unfamiliar associates, and our team strives to reduce the burden on you at every turn.

Speak with a Divorce Modification Lawyer in Westchester County Today

Taking the step to pursue a modification can feel daunting, but it does not have to be. When you reach out to our office, you will be speaking with attorneys who understand the challenges facing families in Westchester County and who are ready to guide you at every phase. We begin with a thorough initial consultation and follow with responsive communication and skilled advocacy all the way through resolution.

To speak directly with an experienced divorce modification attorney in Westchester County, call (914) 712-6878 or fill out this online form today.