Legal Question in Family Law in New York
divorce
Can a divorce in New York State that is finalized be re-opened. If so why? Does everything begin like new? One spouse did not respond to the divorce, was served with papers, signed them, and now, 4 months later has decided they don't want to pay child support, and wants custody of a child she has not had much ambition or motivation to want to see.
1 Answer from Attorneys
Re: divorce
The divorce itself can not be reopened, but, because circumstances change, the Court never considers the custody and child support issues to be closed.
Thus, a parent who at one time does not have an interest in the child may later seek custody or more visitation. The key word is "seek" - that they seek it does not suggest that simply becuase they want it they will get it. Each case is considered on its own merits, and on the basis of what's best for the child.
As to child support, the wording of your settlement agrement or the divorce decree itself will control the standards that a court will use to review any proposed change in support.
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