The typical divorce proceeding ends when a judge signs off on the set terms. Factors like custody, alimony, and other terms are all determined here. However, life is seldom stationary. All the factors that are decreed here are in fact quite fluid and stand to change over time. Income levels go up and down, children for sure grow up, and future marital status may change. Additionally, when significant changes do occur, it warrants a look at your divorce terms.
As with the initial divorce proceeding, modifying a term also involved negotiation and a court sign off. Naturally, an expert in family law – such as a professional from Turco Legal, P.C. in Newburyport – is essential in this process. Here’s why…
Update Child Custody Orders Based on New Requirements
Child Gets After School Activities
One common reason for modifying child custody orders is the child’s involvement in new activities. As children grow, their schedules and interests change, potentially conflicting with the original custody arrangements. For instance, a child might start participating in after-school sports or clubs that require a different custody schedule to accommodate their new routine.
Parent is Moving Out of State
Another scenario necessitating custody modification is when a parent plans to move out of state. Relocation can significantly impact the existing custody arrangements and visitation schedules. This warrants looking at custody and visitation terms.
Child Support Modification Based on Financial Status
Support Based on a Percent of Income
Child support is often calculated as a percentage of the paying parent’s income. As financial circumstances change, such as income increases or decreases, it may be necessary to modify the child support payments accordingly. If a parent loses their job, receives a significant pay raise, or experiences other financial changes, adjusting the child support payments can ensure that the support amount remains fair and reflective of the current financial situation.
Income Rises or Falls
Changes in income can happen for various reasons, including job loss, promotions, or new employment opportunities. When these changes occur, they can affect the ability to pay or the need for child support. By presenting this new reality. A case can be made for adjusting child support payments based on these new financial realities, ensuring that the support remains fair for both parties.
Alimony Payments
Ex Gets Married
Alimony payments may need to be modified if the recipient spouse gets remarried. In many cases, remarriage can terminate the obligation to pay alimony, but this must be legally addressed and modified in the court order. A lawyer can help ensure that the necessary legal steps are taken to adjust or terminate alimony payments following remarriage.
Ex Moves in With Someone but Hasn’t Married
If the recipient spouse moves in with a new partner but does not marry, it can still impact the need for alimony. Cohabitation can affect the financial dependency that justified the alimony payments initially. A lawyer can help present evidence and arguments for modifying alimony based on this change in living arrangements.
Disability
If either spouse becomes disabled, it can significantly alter their financial needs and capabilities. Disability can impact earning potential and living expenses, necessitating a modification of alimony payments. A divorce modification lawyer can assist in demonstrating the need for adjusted alimony to accommodate the new circumstances.
Remember, you may stand to gain a lot by re-looking the initial divorce terms. After all, the judge did decree them based on what was fair at that time. As times change, what was once fair might simply not be tenable. Take this proactive step by working with an expert family law attorney, specifically one that focuses on divorce modification. This grants you access to high-level legal expertise, along with nuanced negotiation strategies. Overall, by modifying your divorce terms, you can move in the direction of a happier future!
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