Legal Question in Family Law in New York
I was divorced in 2004 with 4 kids and have a divorce agreement. Since then neither party has adhered to the agreement. Now that I have recently remarried and had another child my ex is trying to enforce the agreement.Is it enforceable and what are my options. We were married and divorced in New York State.
1 Answer from Attorneys
I assume that this question pertains to visitation. There is probably a clause in your divorce agreement that states that the failure by either party to enforce the terms of the agreement shall not be deemed a modification or waiver of the agreement, but without looking at it I could not know for certain. However, you can certainly apply to the family court for a modification based upon a substantial change of circumstances and the best interests of the children. Please feel free to email me or call me if you wish to discuss this matter further.