Common Post-Divorce Questions
In this article, our experienced Buffalo divorce attorney answers some of the most common post-divorce questions that we regularly receive from our clients. If you would like a free case evaluation, please contact the Law Offices of Randy H. Gugino today.
Common Post-Divorce Questions | Can I Modify My Divorce Agreement?
A separation agreement filed in the County Clerk’s office is a binding contract between both parties in a divorce. That means contract law applies, so it will be very hard for one party to change the agreement. (This is a reminder, then, that it’s important for you to go over the agreement with your attorney and make sure you understand all the terms before you sign it.)
You might be able to change the agreement if you can demonstrate fraud, misrepresentation, or failure of disclosure on the part of the other party. You also might be able to modify the agreement by demonstrating a change of circumstances. A change in your career might necessitate a change in a visitation schedule. Losing your job, however, wouldn’t likely lighten your child or spousal support obligations, at least not right away. If you would like to modify a child custody or support agreement, you will have to do so through Family Court.
Common Post-Divorce Questions | Does Child Support Reverse if a Child Changes Residence?
If a child changes residence, the court will entertain a petition to amend (or reverse) child support payments, even if there hasn’t been a formal change of custody.
Common Post-Divorce Questions | What Should I Do to Protect My Family After Divorce?
There are a few steps you should take immediately after your divorce in New York:
- Update your will.
- Pick a new healthcare proxy.
- Designate a new individual with power of attorney.
- Change the beneficiaries for your investments and life insurance.
- Take your former spouse’s name off any bank, credit card, or corporate rewards accounts.
If you or a loved one is looking to get out of their marriage, or have been served with divorce papers, Randy Gugino, an experienced Divorce Lawyer in Buffalo NY will help guide you through the process. Contact him today for a free confidential consultation.