Life doesn’t freeze on the date your divorce is finalized. Kids grow, jobs change, people move, and health or income can shift. New York law recognizes that reality. In Suffolk County, many parts of a divorce judgment can be modified when circumstances materially change, but not everything is open to revision. Here’s a guide to what can and cannot be changed, the legal standards judge use, where to file in Suffolk County, and practical tips to protect yourself.
Parenting arrangements are always modifiable when there’s a material change in circumstances and a change would serve the child’s best interests. Examples include a parent’s relocation, sustained schedule conflicts, a child’s evolving educational or medical needs, or concerns about safety or stability. Petitions to modify custody/visitation are routinely filed and heard in New York Family Court (including in Suffolk County).
Support may be increased or decreased if there’s a substantial change in circumstances. In addition, unless the parties opted out in a properly executed agreement, a court may modify child support if three years have passed since the last order or if either parent’s gross income has changed by 15% or more.
Whether maintenance can be modified depends on how it was set:
The division of assets and debts is generally final. Courts will enforce a fair-on-its-face settlement unless there’s proof of fraud, duress, overreaching, or unconscionability. You cannot revisit property splits simply because the deal feels less favorable years later.
If you’re unsure which court is proper, a Suffolk family lawyer can direct you to the fastest, most efficient path based on your judgment and any stipulations.
For support, modifications generally take effect no earlier than the date you file your request. That means if your income drops in January, but you don’t file until April, any reduction usually starts from your April filing date, not January. File promptly to avoid unmanageable arrears.
Judges weigh the totality of circumstances to decide what serves the child’s best interests. Common factors include each parent’s caregiving history, stability of each home, co-parenting cooperation, school continuity, health needs, and (when appropriate) the child’s preferences. Come prepared with school records, medical notes, calendars, messages demonstrating cooperation or interference, and any neutral reports that document the change since the prior order.
Expect to document income with recent tax returns, W-2s/1099s, pay stubs, job-loss notices, job-search efforts (if seeking a downward change), and evidence of childcare, health insurance, or extraordinary expenses for the child. The court applies New York’s Child Support Standards Act and then considers whether a modification trigger (substantial change, 3 years, or 15% income shift) is met.
For court-set or merged awards, proof of a substantial change (e.g., involuntary job loss plus diligent search, serious illness, retirement that materially affects finances) is critical. For incorporated-not-merged agreements, the extreme hardship bar is higher—courts deny many requests that don’t show severe, continuing financial strain. Plan to present a full financial picture: budgets, assets and liabilities, medical documentation, and employment history.
If you believe your property settlement was tainted by fraud or coercion, talk with counsel immediately. These cases are fact-specific and turn on evidence—financial records, hidden-asset trails, communications, and the circumstances of signing. Courts enforce agreements that were fair on their face unless that kind of serious misconduct is proven.
Can we just agree between ourselves and skip court?
You can reach an agreement, but it must be written and submitted to the court to be enforceable. Otherwise, the old order remains in effect.
My income dropped, can the court lower my child support?
Possibly. If the drop is involuntary and significant (often 15% or more) or three years have passed, or there’s another substantial change, the court can modify the order. File promptly; relief typically starts from the filing date.
Can I change alimony if my agreement wasn’t merged into the judgment?
Only in rare cases. You’ll need to prove extreme hardship to modify those contractual maintenance terms.
Can I reopen property division because I regret the deal?
Regret isn’t enough. You’d need evidence of fraud, duress, or unconscionability to set aside a settlement that was fair on its face.
For clear, strategic help with custody, support, or post-judgment issues, contact Chris Palermo to review your judgment, assess your options, and file the right petition the right way.