The terms of your divorce decree are generally not set in stone. Child custody, child support, and spousal support can all potentially be modified. However, you will need to prove that your circumstances substantially before a judge grants a request for modification. On the other hand, if you are able to work out an agreement with your former spouse, this can save you time and money you would otherwise spend in court.
Requesting a Modification
While it is possible to modify the terms of your divorce decree, when it comes to property division, modification is usually not granted unless fraud was somehow involved in the process of splitting assets and debts.
For child-related decisions, family courts tend to favor consistency and stability in a child’s life, so you must prove that any modifications you are requesting will continue to serve their best interests. For example, if you wish to adjust your child custody order because you are moving to be closer to family, having a bigger support network may support the best interests of your children better than the current agreement.
If your financial circumstances changed and you need an increase or a decrease in either child support or spousal support payments, you must prove that the change was significant to warrant a modification in payments. For example, if you involuntarily lost your job or are experiencing a medical emergency and you are the payee, a judge may grant you a temporary modification to provide some relief until you are able to fulfill your financial obligation. That said, modifications can also be permanent. If you recently developed a disability that will forever impact your ability to maintain gainful employment, you may be relieved of your financial obligations to your former spouse.
Family courts understand that the only thing constant in life is that it is always changing, which is why it is possible to modify the terms of your divorce decree.
Set Up a Case Review with Our Law Firm to Discuss Your Post-Divorce Modification Case!
If you wish to modify the terms of your divorce decree, the experienced family law team at Crossman & McNamee, LLC can provide the skilled representation you need to achieve the results you need to move forward. With our team on your side, you can rest assured your case is in good hands.Call our legal team today at (937) 468-3796 to set up a consultation to learn more about what we can do for you.