Can You Modify a Divorce Decree?

by 48 Minutes | Wednesday, May 3, 2017 | 90 views

Mom and Dad fighting on rear view while son is with divorce papers in front of himWhile divorce decrees are final, this does not mean that they are not open to modification. The court allows adjustments to help one or both parties cope with the considerable changes in their life.

You or your spouse can file a petition to amend the original decree or modify rights and obligations in child support, alimony, or child custody. County divorce attorneys in Suffolk note that courts can modify a divorce decree only if there is a significant change in circumstances of the parties.

Each state has its own procedures and rules in making the decision to grant a modification. Filing shortly after the divorce may rouse suspicion, as there is no enough time to prove the occurrence of a significant change. Waiting for a considerable period is advisable.

Alimony or spousal support

This involves the money given for the sustenance of the other party. Alimony modification may include changing the amount of spousal support or the duration of payment. This remedy is available for reasons like a substantial decrease in income, losing a job, retirement, and other changes in circumstances.

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Child support

If you want to modify child support, you need to prove a significant change in circumstances that would cause a rise or fall in the support payment. The court can grant your petition when the child expenses or the income of the spouses has increased considerably in the past few years.

Child custody

One or both parties can ask for a modification. If you, for instance, are the non-custodial parent, it is possible to amend the allocation of parental rights if your situation has undergone change. The court will only grant this if you have a strong basis for modification and if it supports the best interest of the child.

If you are considering to modify a divorce decree, it is best to consult a divorce attorney. The right lawyer can educate you about your options and help you in the court process of obtaining a modification. Working with a family or divorce attorney is also beneficial in protecting your rights and interests.

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