Q: In May a support magistrate made an order by default because my son’s father had to be thrown out of the courtroom because he refused to follow the court’s rules and continuously disrupted the proceedings. He then filed a modification petition. His 2 premises were that 1) the order was made by default and 2) he now has more visitation time with our son. Are those reasons for an order to be modified? Can an order even be modified if it has only been 2 months since it was decided?
A: David’s Answer: The only grounds for modification are: (a) 3 years have passed, (b) there’s been a 15% change in income, or (c) a substantial change of circumstances has occurred. The fact that the prior order was done on default is not necessarily grounds for modification, but the allegation of increased visitation time potentially is. Schedule a consult with a Bronx Family Law attorney for a full assessment.