Let experienced post-modification attorneys revise your parenting plan to reflect your changing family needs.
Parenting plans set after separation or divorce should represent the lives, needs, and interests of both spouses and their children. However, over time, certain circumstances may change the parents’ ability to provide child and spousal support as well as prevent them from complying with custody, visitation, and other marital agreements.
One of the most suitable solutions to accommodate these changes is post-divorce modification. It is a legal process that obliges both parties to revisit and update their agreement according to their issues and life changes. If the need to modify a divorce decree arises, relying on the expertise of a family law attorney can make a difference.
At Myrthil’s Law, P. A., our skilled family law attorney works closely with clients to understand their current situations and devise an appropriate strategy for modification. We possess the required knowledge to justify even the most complex post-modification cases and ensure that parental agreements meet your and your children’s needs.
Agreements That Can Be Subject to Modification
When a substantial change in the parent’s circumstances occurs, such as a change in income, residency, or work schedule, they may petition to modify the existing agreement established when the dissolution process was finalized. Some of the situations that can be addressed with post modifications are issues in:
1. Child Support
Financially driven reasons are usually the most common cause for modifying a child support order. While the court prefers that both parents get equally involved in their responsibilities, parents can still request to recalculate their child support payment when one spouse experiences a change in employment or shift in income.
However, the right to be financially supported by parents belongs to the children, and the court will always consider their best interest regardless of the changes in circumstances. Enlisting the help of an experienced post-divorce modification attorney allows clients to achieve financial relief without overlooking children’s rights and needs.
Parenting time and the decision-making authority are allocated in the divorce agreement. But if the initial parenting plan does not work for both parents and even their child anymore, they are encouraged to establish new arrangements and alter their original terms.
For instance, parents given equal rights to their toddlers could agree to modify the terms once their children were old enough to attend school. In cases where both parties cannot agree, or if considerations for modifications are not outlined in the initial order, the court may decide on which changes should be allowed that benefit the child most.
3. Spousal Support
Spousal support or maintenance can be subject to change due to unanticipated events after the original agreement was established. These qualifying events can be:
- Change in Employment
- Involuntary Loss of Job
- Change in Living Conditions
- Drug or Alcohol Abuse
- Conviction or Incarceration
- Military Deployment
- Deteriorating Mental or Physical Condition
The judge will closely examine the details of each case and determine whether it is worthy of consideration to ensure that no party is attempting to avoid paying court-ordered alimony. A skilled attorney can provide valuable legal insight and prove that this substantial change in circumstance is legitimate.
Filing a Case for Modification
Modifying parenting plans and spousal support is a serious legal process. Before any party requests for changes in their initial agreement, they must justify that their change in circumstance is involuntary, unanticipated, material, substantial, and permanent in nature. They must also show that these changes are vital to the children’s well-being.
If both parents cannot reach an agreement, one party can file a supplemental petition for modification, which shall be acknowledged with a settlement or another counter-petition. Once the motion for modification has been filed and reviewed, the court must approve the final judgment before it can be legally enforced.
How Myrthil's Law, P. A.
At Myrthil’s Law, P. A., our family law attorney safeguards the best interests of those fighting to modify their current court order. We understand that your circumstances after divorce or separation may change and make it difficult for you to comply with your initial agreement.
As your legal advocate, we will listen closely to your concern and assist in helping you obtain the most appropriate relief from the court. With our extensive legal experience and proven success in family court, we will aggressively pursue the best outcome for your case and help you achieve your objective to the fullest extent that the law allows.
Contact Us Today
Rely on the expertise of a family law attorney who can help you pursue and justify your modification case. If you are looking for exceptional legal guidance, support, and representation, reach out to our team today. We provide the legal expertise you need to achieve favorable results.