How To Obtain Post-Divorce Support Modification
If you experience some major change in your life, you may be wondering how it will affect your child support or alimony/maintenance obligations. At the time of your divorce, you probably signed a settlement agreement or received a final
decree from the court, which outlines the amount and duration of your payments.
Despite the finality of these decisions, the courts recognize that things change. While you can't run back to court for a trivial reason, a significant change in circumstances may warrant a post-decree modification. The very first thing to
do is hire a lawyer with expertise in post-decree divorce matters.
The divorce lawyer will be able to clarify your options based on your specific circumstances. You also need to file paperwork with the court seeking a modification as soon as possible, and once the modification has been accepted, you must pay the modified amount.
The main issue in the post-decree modification is whether your change in circumstances is significant. Losing your job does not automatically excuse you from making spousal maintenance or child support payments. The court will look at your situation & determine whether the change in your income/circumstances warrants a modification. Remember, you are obligated to
make support payments until the judge tells you otherwise.
If you are paying maintenance/alimony to your former spouse and getting remarried, start earning more money, or receive a large inheritance, the court may not lower your payment. If you become disabled or lose your job, your child support may be reduced. If your child support payments are reduced, you will not be reimbursed for what you previously paid - a decrease is not retroactive.
If you have another child, it generally will not affect the support you pay for your other children. If your agreement says that payments are non-modifiable, you will have a harder time. However, it may still be possible to get some form of relief.
Other issues that may bring divorce parties back to court include seeking a change in custody or visitation, one parent moving out of state, or enforcement of custody, maintenance/alimony, or child support orders. Property division is usually final. The court generally does not redistribute property that was divided by the court or by mutual agreement.
Family law disputes can be traumatic, distressing, and daunting. However, before moving on to divorce, child custody, order modification, child care, or all other important legal matters, it would be smart and helpful to get the best legal advice. Call the office of Fizer Law, the best attorney for Modification Of Order in Long Beach, California, at 1~562~270~9944. Obtain the professional advice required to make smart, intelligent decisions affecting you and your children's lives.