Modification Cases

Modification of Family Court Orders in New York

Overview

Life changes — and so can your Family Court orders.
In New York, parents and guardians can request a modification when a substantial change in circumstances occurs after an existing court order is issued.

Whether it involves custody, visitation (parenting time), child support, or spousal support, a modification proceeding asks the court to adjust an existing order to reflect the current reality of your life and your child’s needs.

|⚖️ In Suffolk County, these matters are typically heard before a Family Court Judge or Support Magistrate at the Central Islip Family Court.|

Steven Zalewski, Esq. helps clients navigate this process with clarity, efficiency, and a strong understanding of what judges require to justify a modification.

When Can a Family Court Order Be Modified?

Under New York’s Family Court Act (FCA) and Domestic Relations Law (DRL), a parent or party can request modification when there’s been a substantial change in circumstances since the prior order.

Examples include:

Custody or Visitation Modifications

• A parent relocates or moves a significant distance
• The child’s needs, school, or medical requirements change
• One parent’s home becomes unsafe or unstable
• A parent consistently interferes with visitation or communication
• The child expresses mature, sustained preferences about living arrangements
• A parent’s health, employment, or relationship status materially changes

Child Support Modifications

Under FCA §451 and DRL §236B(9)(b), child support orders can be changed when:

• Three years have passed since the order was entered or last modified,
• Either parent’s income has changed by 15% or more, or
• There has been another substantial change in circumstances (such as job loss, disability, or a new child).

Spousal Support or Maintenance

A support order may be modified due to:

• Job loss or reduced income through no fault of your own
• Serious illness or disability affecting earning capacity
• Retirement or significant change in financial status

|Important: The court will only grant a modification if it finds that the change was unforeseen and substantial enough to make the existing order unfair or unworkable.|

How to File for a Modification in Family Court

Step 1: File a Petition

• File a Modification Petition in the Family Court where the original order was made (or where the child resides).
• The petition must explain the existing order, the change in circumstances, and the relief requested.
• The court will schedule a hearing date, and the other party must be served.

Step 2: Court Hearings

• Hearings are usually conducted by a Support Magistrate (for support) or a Judge (for custody/visitation).
• Both parties present evidence, such as financial documents, testimony, or proof of changed circumstances.
• The court may also appoint an Attorney for the Child (AFC) in custody matters to represent the child’s best interests.

Step 3: Court Determination

The judge or magistrate will review:

• Whether the change is substantial,
• Whether it affects the child’s best interests (in custody/visitation cases), and
• Whether a modification is necessary and fair under current circumstances.

If approved, a new Family Court order replaces the old one.

Enforcement vs. Modification

Sometimes, parents confuse enforcement (making someone follow an order) with modification (changing the order itself).

• If the other parent violates an existing order, you may file a Violation Petition.
• If the order itself is no longer appropriate, you must file a Modification Petition.

Steven frequently handles both — ensuring his clients are properly protected, whether they’re seeking change or enforcement.

Common Situations in Suffolk County Modification Cases

• A parent loses employment or gains higher income
• The child’s school schedule, therapy needs, or extracurricular activities shift
• One parent relocates outside Suffolk County or Long Island
• A custodial parent develops new medical or mental health concerns
• The non-custodial parent becomes more stable and seeks expanded parenting time

These real-life changes require a seasoned attorney who understands local court expectations and can present your case effectively.

Steven Zalewski’s Approach

With decades in Suffolk County Family Court, Steven knows what judges look for when deciding whether a modification is justified.
He helps clients:

• Evaluate whether they meet the legal threshold for modification
• Gather evidence and documentation to strengthen the case
• Prepare for hearings and testimony
• Negotiate agreements to avoid unnecessary litigation

“I don’t let my clients waste time or money chasing a modification that won’t hold up,” Steven says. “But when the law and facts support your request — I make sure the court listens.”

Contact Steven Zalewski, Esq.

Cell: (516) 660-4654
Office: (516) 377-7830
Email: steve@zandzfamilylawyers.com
Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749

Disclaimer

This content is for general informational purposes only and does not constitute legal advice.
Every case is unique — for personalized guidance, consult an experienced Suffolk County Family Law Attorney.

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Recommended Reading

• Custody Cases
• Visitation Cases
• Child Support Cases