Tuesday, June 29, 2010

Post Divorce Modifications

Generally speaking, after a divorce has been finalized, things pretty much remain exactly as the divorce decree stipulates, yet there are times when after the divorce is finalized people seek post-divorce modifications. The reasons for these modifications are many. Perhaps one person has not met his or her responsibilities based on the divorce agreement. Maybe one spouse wants to leave the state. Or potentially, one parent has lost his or her job. When a person’s living conditions or financial situations change dramatically after a divorce, and they are unable to meet their responsibilities, or if a spouse appears to be a threat to the children, either the custodial or non-custodial parent may request post divorce modification.

Divorce Modifications Usually Involve Custody and Support Issues
While the majority of divorce modifications usually involve custodial or support issues of children, there are times when provision of alimony as well as property agreements and debt distribution need to be modified. In any of these situations, if you have gotten a divorce, but find that things have changed significantly, you may need to inquire about modifying some of the decisions regarding child support, visitation, child custody orders or alimony. Consequently, if you find yourself facing any of these types of circumstances, you should consult with a divorce attorney who can help you with post divorce modifications to the original divorce decree.

Significant Changes After Divorce
Let’s suppose the court has ordered a parent to pay a certain amount of child support but their financial situation has changed. How does the parent go about making modifications to the agreement? And how does the court address these situations? For any parent who wants or needs to make a modification, the first step is showing the reason for the request. In other words, circumstances for the party seeking the modification must have changed significantly since the original order was entered.

To read this article in its entirety, please click here.

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

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