While divorce agreements are meant to be permanent and final, some situations exist where modification is necessary. The orders you received when your divorce was finalized represented the circumstances that existed at that time. If circumstances have changed since your divorce, you may have grounds to seek a post-divorce modification.
These are complex legal matters, and the assistance of a qualified lawyer can help to secure a positive result. At Contreras Law Firm, we represent clients on both sides of post-divorce modifications. Whether you are the party seeking the modification or the party wishing to challenge one, our attorneys are prepared to provide the representation you need.
Post-Divorce Child Custody Modifications
Post-divorce modifications often take the form of child custody modifications. Situations happen every day that may require a slight or substantial modification to an existing child custody agreement. One parent may receive a job offer on the other side of the country, which is grounds to modify a child custody agreement. The child may want to live with the other parent for a six-month period, which could require a modification. Regardless of the situation, the parent requesting the modification must demonstrate that the new circumstance is a substantial change, and any modification is in the best interests of the child.
Post-Divorce Child Support Modifications
Child support agreements can also be altered and modified after they are signed, and are typically the most common type of modification. Parents often change jobs over the course of their child's life, which can have an impact on the amount of child support they owe. If you lose your job and have to take a position that pays half the amount you previously made, you will not be able to make the same monthly child support payments. The court will have to modify this amount to provide for an accurate percentage of income. However, if you marry a new spouse who earns much more money than you, the court cannot modify the existing child support to account for your new spouse's income.
Alimony And Property Modifications
Some divorce agreements specifically include that alimony cannot be modified in the future. However, most other alimony agreements can be modified in the future. However, alimony payments are often more complex than child support payments and take into account a number of factors, such as the length of the marriage, the income of both spouses and the education level of both spouses.
In unique circumstances, marital property divisions can be altered as well, but courts generally do not like to modify agreed-upon property divisions. Outside circumstances must exist to ensure that the modification is necessary.
Contreras Law Firm | San Diego, California, Family Law Firm
While the majority of post-divorce modifications have to do with child support and child custody, even individuals without children can modify their divorce agreements. If you believe you need to modify your divorce decree, do not hesitate to contact the attorneys at Contreras Law Firm. Our attorneys have decades of combined experience handling family law issues and will be able to provide you with guidance on how to petition the court to modify the divorce agreement.
Contact our San Diego office today for your initial free consultation.Back to Top