Divorce Modifications

A simple change can make a big difference

A great source for information...

Important Types of Divorce

Introduction to Divorce Modifications

During divorce, most of the people will sign a settlement agreement or received the courtís final decree. These documents contain the basic details about the payment including the amount and duration. Due to the important changes in the situations of the partners, post divorce modifications can be done. If one of the parents are unable to meet the responsibilities due to some justifiable changes in their lifestyle or financial situation, then they will come back to court for divorce modifications.

Most of the times, divorce modifications occur due to the children custody or support problems, however there are situations which involve a change in alimony provision, agreements of the properties and debt dispersion. During all these circumstances, if the things have modified to a greater extent after the divorce, then the decisions about the issues such as alimony, child support and custody, visitation can be modified even after receiving the divorce. The circumstances of the party requesting for modification should have been altered to a greater extent after the initial order has been made. Minor disagreements will not be helpful in requesting for a modification. The rules and regulations of these modifications differ from one state to other, hence it is necessary to make sure that the modifications are allowed by the guidelines of the particular stateís family codes. In some situations, the attorney will be able to help the parents to come to proper agreements with each other without the involvement of the court. However, certain situations must be resolved only in the law court.

If one of the parents is requesting a modification due to their relocation, they must justify the reason for their relocation in the court. The court will be analyzing whether this modification is suitable and reasonable. Relocation of parents involves the modification of custody arrangements. This may also involve a change in the payment of the child support if the other parent needs to spend the traveling fees to visit the child.

First steps ...

The first step for divorce modification is to consult a lawyer having experience in this particular field. Ideas will be provided by the lawyer based on the situation of the clients. Paperwork must be filed with the court for changes immediately. This is because till the modification is performed, payment should be continued. The most important thing for a divorce modification is the strong change reason for the modification. Many people think that unemployment will automatically remove the responsibilities of spousal or child support settlements. However, this is not true. The situation of the individual will be thoroughly analyzed by the court to conclude whether the change in the income or the situation requires the modification. Payments should be made by the individual until advised by the judge of the court.

If the former spouse gets married once again and starts earning a large amount of money and still the divorcee is paying the maintenance or alimony fees to the former spouse, then the court may consider reducing the payment. If you become handicapped or unemployed, the child support payment will be decreased. Even if the child support charges are decreased; the individual will not be paid back the amount that they have already paid. This method is not retroactive. The increase in the child support payment is retroactive. This increase will not affect the support payment of other children in case if you have more than one.

If the written divorce agreements mention that the payments should not be modified, then the individual has to face more troubles. However, the strong reasons such as unemployment or other important hurdles will be helpful in decreasing the payments. The other reasons for the divorcees to approach the court once again after divorce includes a modification in the custody or visitation, place shifting of one of the parents, custody enforcement and alimony or child support regulations. Property partitions are usually performed at the end. Redistribution of the property will not be performed by the court which was divided by the mutual agreements or by the court itself.

Legally divorce settlements involve support and custody of child, properties and loans, support for the spouse, pension accounts and retirement amounts. The rule for the partition of properties varies from state to state in United States. Usually property partitions are performed based on two rules including the property of the community and equal dispersion. The property which belongs to the couples equally and divided equally at the time of divorce is called as the community property. Some of the states in which the community property is being followed include Louisiana, Nevada, New Mexico, Arizona, Wisconsin, Texas and several other states of United States.

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