Modification of a divorce decree
Divorce judgments get modifications most regularly.Everytime a previous spouse desires to see the decree changed; they approach the court to file a complaint that is formal for modification.The lawyers may help decide whether the specific facts about the case approve a modification or not.Negotiations can be made for modification if there is an agreement between the ex-spouses for changes.If there is no agreement on changes between the ex-spouses,a ruling is made by a family court judge.
The following are some of the most common post-divorce subjects for modifications that require a court judgment:
- Child support
Immediately an agreement or a child support order is put in place,the amount you pay can be decreased or increased depending on certain circumstances.After divorce,one party may be experiencing difficulties in getting enough income or on the other had he/she may be earning higher,this can be a fact to pursue modification for child support.
- Change of custody for a child because of change in circumstances of a parent
Terms of custody are binding,but their setting is not in stone;there is a possibility of changing them.Any time from the last order,you can seek modification.However,before seeking for this modification,ensure you have change of circumstances that is of substance that has happened since the original orders entry.
A court cannot approve a modification even if it is in order without substantial change.It doesn’t make sense if both parties or one party or the children are permitted to be subject to the judicial system to a first trial repetition when there is no significance evidence of new developments.
Practically,if this motion is filed within a period of 6 months after divorce,it is the best.
Alimony also called spousal maintenance is an obligation to a person to legally provide their spouse with financial support after divorce or separation.After divorce,you may seek for a change in the amount you are receiving or paying due to alimony.These are some of the reasons why ex-spouse may pursue alimony modification after divorce:
- Change in something:These can be material change in your financial circumstance or your ex-spouses,death of the person you were paying alimony to or when the person receiving the alimony marries again.
- If the alimony was awarded before change of law and you are required to pay it for a long period than you would under new law.
- Change in arrangements for visitation as a result of change in circumstances
If one parent significantly changes location of residence after divorce,it brings up a whole set of issues to do with modification.He/she may not be able to visit the children regularly or as before.
Enforcing Divorce Decrees
Complaint for contempt cases are filed by a party that is seeking for enforcement of divorce agreement provisions via a court of law.Some of the provisions that require enforcement if they are not acted upon by a party after divorce include terms of child support,placement,custody and maintenance.These provisions may be satisfactory according to the order but one party of may not have lived up to them.In this case,the motion is filed with a court of law to force the party who is violating the decree or term to comply through a contempt finding.
If the problem is failure to pay child support or alimony which is meant to support a spouse,the court can order payments to be made in a certain way or garnish the wages.If the problem is failure by a party to comply with an order of placement,the court is able to step in and enforce the schedule of placement.This comes with a possibility of been given an extra time to compensate for previous violations.
The court has power and freedom to make decisions on what ought to be done in enforcing compliance with a decree of divorce.However,depending on the kind of situation, innovative options can be available. Penalties which include financial sanctions, lawyer’s fee awards or even jail can result if one party does not comply.
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