During the divorce process, they crafted settlement agreements to meet the needs of each party, depending on the stage of each party’s life when they split. The experience of life, however, never seems to remain the same. Children’s needs today differ from what was appropriate when they were younger.
You can turn to a divorce attorney you can trust when you want to ensure your divorce settlement addresses your current needs.
What Are Post-Divorce Decree Modifications?
Divorce filing and finalization can take a long time. During the divorce, you and your ex-spouse may have gone through multiple mediation sessions regarding issues such as alimony, asset division, child custody, or even child support payments.
Over the years, your circumstances can change, and divorce decrees are based on the agreements reached during mediation. Therefore, modification may be necessary when there is a substantial change in the divorce decree.
What Circumstances Might Inspire a Post-Divorce Modification?
Changing circumstances can lead to an unfair divorce judgment, which can be modified. It may have been a while since you filed your case, or you may have been fired, retired, or remarried. Below are a list of the most common circumstances that could prompt a post-divorce modification:
- A health problem or a significant life event may have reduced your income.
- As your child ages or becomes disabled, your expenses may increase if you receive payments.
- There may have even been times when you accepted an arrangement you didn’t understand or felt forced into accepting. Now you may realize your mistake and want to change it.
In Missouri, you have the right to modify your agreement regarding maintenance, child support, or child custody for various reasons. Therefore, you can reduce what you pay, increase what you receive, or terminate your payments. You’ll likely need to prove that the circumstances have changed substantially and that the terms of the agreement are no longer reasonable or valid.
Why Should You Pursue Modification to Divorce Decrees?
An original divorce decree will need to be modified if both parties income, relationships, medical history, assets, and more change without warning. Modifications to divorce decrees are legal amendments.
An amended divorce decree is essentially “updated” after a modification. Various circumstances of existing arrangements can be modified for numerous reasons following a divorce decree modification.
Post-Divorce Modification Types
You may revisit or try to readdress specific issues in the aftermath of a divorce. However, post-divorce modifications are generally granted when changes in one’s circumstances warrant a difference, especially for children.
A court order can be modified in the following circumstances:
Spousal support:
In all of these cases, a court would reduce or terminate spousal support if you lost your job, your pay was reduced, or your spouse remarried. Spousal support can also be biased in favor of the recipient, but it is less common.
Child custody:
You may need to change a custody arrangement for various reasons. For example, the Court could grant custodial guardianship to the other parent if the primary custodial parent caring for the child is ill. Changes could also be made if the parent cannot care for the child’s basic needs.
Child Support:
A court can grant a modification to ensure a child’s needs are met as they change over time. That could include modifications to cover child care, school needs, and other activities.
Relocation:
Changing needs can also involve a change in locations. You may get a raise, a promotion, a demotion, or a new job, which requires you to seek a different level of support. The change may also mean that you need to move for the job. The Court may permit you as the Custodial Parent to move. The Court can stipulate long-distant visitation requirements to accommodate the other parent’s relationship with the child.
In most modification situations, the process can go much more smoothly if both parents agree. An experienced divorce lawyer can assist you with understanding and addressing the fallout when your ex-spouse won’t follow the terms of your divorce agreement.
The modification is not legally enforceable if the ex-spouse modifies the agreement without a court order. Since changes in circumstances can be emotionally charged and fraught with potentially divisive interactions, reach out to an experienced divorce lawyer to handle your post-divorce modification and enforcement issues.
Reach Out to the Post-Divorce Modifications and Enforcement Attorney Today!
Consult with a skilled divorce attorney who has experience with post-divorce modifications before you rush into court to request a modification or prepare to fight one. It is often possible to agree on a modification with your ex-spouse with the help of the right lawyer. As a result, you can avoid going to court, saving time and resources.
Whether modifying or enforcing your divorce decree, a divorce attorney can help you achieve what you need. The only thing we do is prepare divorce decrees that are based on your current needs. Then, we help you get the modifications you need to meet your needs in a constantly changing world.
