Skilled Lawyers To Assist With Post-Decree Modifications
The lives of both you and your former spouse will undergo significant changes after your divorce, with new employment opportunities, new relationships, and possible relocation. The court’s order on alimony, child support and parenting time, and other circumstances may no longer be appropriate given the reality you face in the months and years to come. It’s tempting to simply adjust without legally modifying the divorce decree, but you risk a number of major legal hurdles in the future if you don’t adhere to legal requirements.
The attorneys at Benson & Associates PLLC, can help you avoid the legal complications that result from failing to adhere to the official post-decree modification process. Whether you’re looking to alter the terms of child support, spousal maintenance, parenting time, or other arrangements, we explain your options and help you achieve your goals. Change can be good, but it’s necessary to lay the proper foundation.
When Circumstances Change, So Should Post-Divorce Arrangements
For all practical purposes, your final divorce decree is the law as it impacts you, your former spouse, and any minor children. Deviating from the divorce order has serious legal implications, but there are options to modify the arrangement that’s no longer suitable. Our attorneys handle all types of post-decree judgments, including:
- Child Custody, Support, and Parenting Time: Courts may modify the terms of a divorce decree as they relate to children, but any change must be in the best interests of the child. A parent seeking to alter the terms after entry of judgment must show that there is a considerable change in circumstances that justifies modification.
- Spousal Support: Otherwise known as alimony, spousal support is also subject to modification based upon a change in either party’s situation. A key factor is the increase or decrease in income for either the payor or recipient spouse. However, there are limitations if you and your spouse agreed to non-modifiable support in the final divorce decree.
- Relocation and Change of Domicile: When the custodial parent seeks to relocate a minor child, the court must review the circumstances to ensure protection of the child’s interests. Moving without going through the relocation/change of domicile process has severe legal consequences.
Obtaining A Post-Decree Modification
In the absence of an agreement between the parties, an ex-spouse seeking modification must file the appropriate documents in court. It’s necessary to request the change through the proper procedure and supply proper evidence to support your position
Consult With A Knowledgeable Attorney Today
The knowledgeable lawyers at Benson & Associates are on your side when the time comes to consider making changes to your divorce decree. While we always strive to negotiate an agreement on a post-judgment modification, we will also fight for your rights in court if you and your ex-spouse cannot reach an accord. Our attorneys possess more than seven decades of experience representing clients in Oakland, Wayne, Macomb Counties, so we’re able to explain the law and counsel you on your options.