Life can change substantially after a divorce and the terms that were once acceptable and practical for your situation may not continue to be suitable for you or serve the best interests of your children. Family courts understand that modifications are sometimes necessary, which is why you can file a petition to modify child support, spousal support, or child custody. However, unless fraud somehow played a part in property and asset division, a judge will not grant this modification.
Modifying the Terms of Your Divorce Decree
If you experienced a significant change in circumstances, you should consider petitioning the court for a modification of the affected order. For example, if you recently became involuntarily unemployed and can no longer make your spousal support payments, a judge may reduce your payments.
Here is what you should know about post-divorce modifications:
- Child custody: If you need to modify the child custody arrangement, you must prove that circumstances significantly changed and that the modification will serve their best interests. For example, if your co-parent’s work schedule changed, rendering him or her less available to care for the children, you may petition the court to become the custodial parent. However, since family courts are often hesitant to change routines, you must prove that it is in their best interests.
- Child support: If your financial situation changed, such as the loss of a job or a demotion, you may petition the court for a reduction in child support. You may also request a modification if you have additional children from a new relationship whom you need to support.
- Spousal support: Any time you need a reduction in support payments, you must prove that your circumstances changed enough to warrant it. However, if you are the receiving spouse, you may also request an increase. For example, if you recently became disabled and can no longer maintain gainful employment, you may be able to modify your spousal support order to increase payments. If your former spouse remarries and you are the payee, spousal support payments will automatically terminate.
Ultimately, if there are any changes you wish to pursue in your divorce decree, you will need a knowledgeable legal advocate on your side to ensure the best possible results.
Reach Out to Our Skilled Legal Team Today!
If you wish to alter the terms of your divorce decree, such as your child custody or spousal support order, you must not hesitate to consult with an experienced legal professional. At the Law Office of Russell S. Hershkowitz, L.L.C., our family law team can assist you throughout the process of petitioning a post-divorce modification. Our attorney has what it takes to guide you through every step of the process and advise you on the best course of action.
Reach out to our law office today at (407) 753-4111 to set up an initial consultation to discuss the details of your case.