Post Divorce Modifications

When unforeseeable significant changes occur, it is possible to apply to a court to seek changes to a previously entered into divorce agreement. At Berger, Fischoff & Shumer, LLP, our attorneys have more than 40 years of combined experience handling modification proceedings in Nassau County, Suffolk County, Queens County and the surrounding areas. We have similar experience in opposing modification applications and seeking the specific enforcement of the terms agreed to between the parties or previously ordered by the court. Whether you are seeking to modify an agreement or court order or seeking to enforce one, our attorney will be more than willing to share their expertise with you in a free consultation.


A variety of life changes may prompt a parent to seek a modification of a prior custody or visitation agreement or order.

Custody and visitation may be modified to afford the non-residential parent greater time with their child. It can be modified because a parent has endangered the well-being of a child. It can even be modified under a relocation application when a party believes that moving the child’s permanent residence will serve the child’s best interests.

Obviously, opposition exists to each and every application so that it is necessary, whether seeking the modification or opposing it, to have an attorney representing your interests with experience in this area of law.


In Nassau County, Queens County and Suffolk County, child support can be modified for varying reasons but the most common reasons are based upon involuntary job loss or demotion.

Similarly, a salary increase for the paying party of 15 percent or more from a new job or promotion can justify an upward modification of child support.


In most divorce settlement agreements, language is included which would terminate spousal support or maintenance based upon varying factors, including but not limited to the spouse’s remarriage, the spouse’s cohabitation with another party, the spouse’s obtaining of employment or greater income, etc. However, just because the divorce agreement calls for the termination of maintenance or spousal support upon the occurrence of one of these “triggers”, a modification application should be filed to formalize the termination of the spousal support or maintenance payment.

The attorneys at Berger, Fischoff & Shumer, LLP, have more than 40 years of experience handling modification applications and opposition to modification applications and will be happy to discuss your case in a free consultation. At Berger, Fischoff & Shumer, LLP, we offer Experienced Legal  Representation That You Can Afford.