Regardless of how well a divorce decree meets your needs at the end of your marriage, circumstances are bound to change. Today, adults are likely to go through multiple career changes throughout their lives, relocate for work or a new spouse, or experience changes in their ability to parent. In certain situations, you may need to modify your initial divorce agreement to accommodate your new circumstances. Here are three common situations that may require a modification.
1. Changing Alimony or Child Support due to Significant Change in IncomeA significant income change (positive or negative) often calls for a revised divorce decree. If you pay child support or alimony and your income increases or decreases, it may be necessary to return to court. If your income decreases, it's important to revisit the divorce decree as soon as possible; even if paying your current child support and alimony leaves you with little to live on, you could end up in contempt of court if you don't fulfill your obligations. In court, you can provide evidence of your change in circumstances. They will revise your obligations accordingly.
2. Changes in Living Situations That Affect Your ChildrenChanges in living arrangements often warrant an agreement modification. If you and your ex-spouse have a set time-sharing agreement and you experience a significant change in your work schedule, going back to court may allow you to get a new custody agreement that permits you to maintain an appropriate amount of parenting time. Similarly, you may need to change your divorce agreement if one parent plans on moving a significant distance from the other parent and taking the child with them. In any situation that requires a change in parenting time or visitation, it's crucial to get those changes approved by the court to protect yourself.
3. A Significant Change in One Party's Parenting AbilitiesIn an ideal situation, a child gets meaningful time with both parents after a divorce. However, if one parent is suddenly unable to fulfill their parenting responsibilities, it may be time to step in and modify the divorce agreement. Courts often move swiftly in situations that place a child in danger; consider, for example, a parent that becomes addicted to drugs, cannot maintain a stable home for the child, or develops mental health issues that they refuse to treat. In these situations, it's important to have evidence supporting your claims. The court may either require the other parent to meet specific treatment requirements, require the other party to use parenting education resources, or completely change the custody or time-sharing agreement.
Divorce is painful, but the effects of divorce don't have to follow you the rest of your life—just choose an aggressive, passionate attorney who focuses on helping each client get what they deserve. Schedule your initial consultation now by calling The FAB Firm, LLC at 800-322-9467.