After a divorce is finalized, the terms are very clear and will remain that way unless a change is requested. Even if the divorce was completed amicably and both parties left on good terms, sometimes one ex-spouse will want a modification to the divorce decree when circumstances change. Often, these modifications will concern the child support or custody agreement, but there are various other reasons why an ex-spouse would want to modify the decree.
A modification to a divorce decree is a formal request to change the terms of the divorce. To start this modification, you file a motion with the court. Once the motion is filed, it will be up to the court to rule on the modification based on the local court rules and state statutes. Each state has its own rules and procedures for what qualifies as a valid motion for modification. You need someone on your side, fighting for your rights during this time. These situations can be emotional and trying—we understand that at King, Koligian & Associates, LLC.
If you need legal assistance while making a modification to a divorce decree, contact the experienced Cincinnati divorce modification attorneys at our firm today: (513) 802-9262.
The types of modifications that can be made to a divorce decree will vary depending on the details laid out in the divorce. Some of the most common modifications, however, are for child support, spousal support, and child custody.
Child support modifications can be filed when one of the custodial parties experiences a significant change in their financial situation that would affect how much the parent would receive in child support. In order to be successful on a motion, you must be able to prove that there was a considerable change in one’s life to warrant the motion being upheld.
While these types of circumstances will vary with each divorce, common scenarios include medical emergencies, increase in a child’s tuition, or insurance changes. Regardless of your current situation, it is always important to consult with an attorney to see if you would qualify for a modification.
Modifications to the child custody agreement are often requested under very different circumstances than in child support modification requests. In order to properly modify the child’s custody arrangements, a judge must rule that the modification is clearly in the best interest of the child.
Common reasons for changes in child custody arrangements include changes in the child’s health or medical needs, the relocation of one of the parents, or a substantial change in availability of the noncustodial parent. Due to the numerous circumstances in which a child custody modification would apply, it is always important to consult with an experienced child custody attorney before taking any action.
Another common form of modification to a divorce involves the amount of spousal support being paid by one of the spouses. Common reasons for spousal support modifications include change in jobs that come with a substantial pay increase / decrease and remarrying another individual whose income brings a substantial change in the net worth of the ex-spouse. Every scenario is different, so consulting with a professional who is experienced in this area family law is imperative
If you believe that you require a modification of a divorce, call our experienced divorce attorneys in Cincinnati today to discuss the details of your case. We serve clients across the area, including Montgomery and surrounding cities.
Setting up an initial consultation is easy. Contact King, Koligian & Associates, LLC at (513) 802-9262 today. We are here to help.