Can I Modify My Divorce Agreement if My Financial Situation Changes in 2025?
Modifying Your Divorce Agreement Due to Financial Changes
Life changes, such as a loss of income, job change, or major health issue, may require modifications to your divorce agreement. In 2025, New York courts allow modifications to spousal support, child support, and custody arrangements if there has been a significant change in circumstances. In the case of modifying child support, this is defined as the passage of 3 years or an increase (or decrease) in the payor’s income of at least 15%, from the date the last child support order was issued.
Key points to know:
1. Substantial Change in Circumstances: To modify an agreement or order, you must show that a significant change in circumstances has occurred, such as job loss or disability, an increase in income (15% or more), or a significant unexpected and unanticipated change in the child’s needs.
2. Court Approval: Modifications must be approved by the court, even if both parties agree to the changes. Simple verb agreements or even ones contained in an e-mail or other writing, do not supersede a court order and this may spell trouble in the future should the other party change their mind as to what was agreed to. In short, without a court order the change is in danger of being found invalid and cannot be enforced by the legal system.
3. Timing: You must request a modification promptly, as waiting too long could make it more difficult to modify the agreement. In cases of custody modification, timing is important and allowing a particular issue to go unchecked for too long can be perceived by the court as a litigants silent acceptance of the change or issue.
At Todd Zimmer Law & Associates, we can help you navigate the process of modifying your divorce agreement if your circumstances change.
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