Q: My ex-husband moved back in 1 year after the final divorce decree was signed. We reconciled and moved in and I am trying to understand if his rights to the children and child support change if he lives with us for 3 months, 6 months, 2 years or more. I don’t plan to remarry, so would like to understand his his rights as well as mine if we just live as partners without legally being married. Can he request changes to his visitation rights, if God forbid we separate again based on being in the kids life on a daily basis? Or does the original agreement still stand?
A: David’s Answer: All one needs to set forth a basis to modify visitation is to state a “change of circumstances.” Child support modification is slightly different, in that the standard is: 3 years have passed since support was set or adjusted, there’s been a 15% change of incomes, or there’s otherwise been a “substantial change of circumstances.” Thus, the inquiry as to whether there’s a basis to modify on either issue will be assessed on the situation as it exists at the time of the filing. Schedule a consult with a Westchester Child Support attorney for a full assessment.