Successful Resolution To Post-Divorce Issues
While a divorce may be final the stipulations are not necessarily set in stone. Just as relationships and situations change over time so too must agreements.
Do I Need An Attorney?
If both parties agree to the terms of a minor change in the agreement you may not need the help of an attorney. If, however, one person has an attorney it is advisable then that both are represented.
Additionally, if you and your ex do not agree to the proposed change or aspects of the change and this change is contrary to your divorce agreement, then enlisting the help of a family law attorney can help protect you.
Can Spousal Support Be Modified?
The short answer is yes, spousal support or alimony can be modified after a divorce agreement. Just as life is not static, nor is your post-divorce situation. You or your ex may get a better job, or someone may experience a job loss. One person may need to relocate to for his or her job. When these events happen the appropriate amount of spousal support may need to be adjusted. Support payments may be modified or canceled if the receiving party gets remarried.
When Should Child Custody Be Modified?
Although custody and visitation issues are perceived as “finalized” after a divorce, relationships can change over time. The initial court rulings may have been acceptable or even beneficial to the children and family as whole when they were issued. But as families grow and children become more independent with interests of their own the initial ruling may no longer work. When this happens working with an attorney can ensure that the issue is resolved.
Four Issues That May Require Legal Resolution
- Relocation. If one person moves across the state or to another state or country this will most likely affect your child custody or visitation agreement. Moving can affect issues like child custody or visitation.
- Uncovered assets. If one party hid assets, or assets were overlooked or a business was not properly valuated when the agreement was made, this may need to be revisited.
- Estate planning. After a divorce the joint estate plan you made while married may not accurately reflect your wishes. Wills and trusts and insurance policies may have to be updated.
- Remarriage. When one or both of you remarry this will affect child support, child visitation and your estate plan.
Will The Court Modify My Order?
The most pressing question is whether or not the modification will be approved. If you are initiating the modification you must show the court that:
- There has been a significant change of circumstances since original custody order
- The proposed change is in the best interests of the child or children
- The benefits of the proposed change outweigh any harm
Experienced Modifications Attorneys
At Gumm & Green, LLP we have over 50 years of combined experience in post divorce issues. Send us a request online to find out how we can help or call 818-707-4233 OR 855-707-4233 for immediate legal assistance.