Divorce Agreement Modification Attorneys

ModificationsAfter a divorce is finalized, the terms are very clear and will remain that way indefinitely. Even if the divorce was completed amicably and both parties left on good terms, sometimes one ex-spouse will want a modification to the divorce decree. Oftentimes these modifications will concern the child support or custody agreement, but there are a multitude of other reasons why an ex-spouse would want to modify the decree.

What is a Modification?

A modification to a divorce decree is a formal request to change the terms of the divorce. To start this modification, you file a motion with the court. Once the motion is filed, it will be up to the court to rule on the modification based on the local court rules and state statutes. Each state has its own rules and procedures for what qualifies as a valid motion for modification.

You need someone on your side, fighting for your rights. These situations are emotional and tiring, and we understand that. If you need legal assistance while making a modification to a divorce decree, contact the experienced attorneys at King, Koligian & Associates, LLC today.

What Types of Modifications Can I Make?

The types of modifications that can be made to a divorce decree will vary depending on the details laid out in the divorce. Some of the most common modifications however are for: child support, spousal support, and child custody.

Child Support Modifications

Child support modifications can be filed when one of the ex-spouses experiences a significant change in their financial situation that would affect how much the other spouse would receive in child support. In order to be successful on a motion however, you must be able to prove that there was a considerable change in one’s life to warrant the motion being upheld.

Some examples of considerable changes would include getting a new job with a significant pay difference from your current income, or losing your job.

These types of circumstances will vary with each divorce, however common scenarios include substantial change in income, increase in child’s tuition, or insurance changes. Regardless of your current situation, it is always important to consult with an attorney to see if you would qualify for a modification.

Child Custody Modifications

Modifications in the custody of a child are very different than the modifications made to child support. In order to properly modify the child’s custody arrangements, a judge must rule that the modification is clearly in the best interest of the child. Common reasons for changes in child custody arrangements include changes in the child’s health or medical needs, the relocation of an ex-spouse, or a substantial change in availability of an ex-spouse. Due to the numerous circumstances in which a child custody modification would apply, it is always important to consult with an experienced family law attorney before taking any action.

Modification of Spousal Support

Another common form of modification to a divorce lies with the amount of spousal support being paid by one of the spouses. Common reasons for spousal support modifications include change in jobs that come with a substantial pay increase or decrease, or getting married to another individual whose income brings a substantial change in the net worth of the ex-spouse. Every scenario is different, so consulting with a lawyer who is experienced in family law is imperative.

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