When it comes to the final divorce decree, it’s helpful to know that not everything is truly final. While you’re likely going to have to live with settlements involving debts and assets, some aspects—such as child custody, child support and alimony—are not necessarily set in stone.
Life never remains constant. You may have gotten laid off from the good-paying job you had when you divorced three years, and now you’re scraping by on unemployment. Perhaps your child lives with his mother, who you suspect is a drug addict. Maybe you got a new job and need to move to another state with your child.
That’s where a divorce modification comes in. You can file a modification to decrease child support and alimony payments while you are laid off, for example. If your child is in a potentially dangerous custody situation, you can ask to receive custody.
If a substantial change has occurred in your life, it’s best to discuss the situation with the other spouse first. If no resolution can be made, speak to a legal professional so you can get the court involved. Contact the Montgomery County divorce modification lawyers at The Colwell Law Group to see if a modification is right for you.
The courts like to keep child custody arrangements the same for as long as possible, since children thrive on routine. However, there are situations in which an arrangement may need to be changed. For example, if there is domestic violence happening in the home and the child has been abused or is in danger, then the other parent can step in and request custody.
Child custody may also need to be modified due to a move. If either parent is relocating, the court will determine if the current custody arrangement is feasible. A lack of cooperation with the parenting plan can also cause one parent to lose custody or visitation rights. When a custodial parent passes away, a modification will also be needed so that the other parent or a third party can take over as the child’s caretaker.
Child support modifications are harder to do today than they were a decade ago, but they can still be done. A parent must show a significant change in financial circumstances, such as a wage decrease greater than 15 percent.
There are several ways in which alimony can be decreased or terminated altogether. When either spouse loses a job, retires or gets a pay cut, the amount could change. If the paying spouse becomes disabled or cannot work, alimony may end permanently. When a spouse remarries, alimony also ends.
Life is constantly changing, and sometimes what works well one, five or 10 years ago can no longer be done. People lose jobs, develop health problems and eventually die. These situations may require a divorce modification.
Have your financial circumstances changed? If so, the knowledgeable Montgomery County divorce modification lawyers at The Colwell Law Group can see if modification is an option. To learn more about eligibility for divorce modifications, call The Colwell Law Group at (518) 512-0544 or contact us online to schedule a consultation today.
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