When parties divorce, the conditions that exist at the time of dissolution form the basis for the Court’s ruling on the issues. However, over time, the situation of the parties as they existed at the time of the divorce may substantially change, necessitating the court to revisit issues, such as visitation, custody, or support.
If the circumstances in your lives have substantially changed since the time of the entry of the Final Judgment of Dissolution of Marriage (your divorce), we can assist you by seeking a modification of the Court’s Order. Various situations arise that may lead a party to seek a modification, including but not limited to the following:
- In the case of child support, if one or both parties experience an increase or decrease in income that results in a child support number that is 15% or $50.00 more or less than the original court ordered amount, the court may modify the amount of child support;
- In the case of alimony, although there are no specific statutory guidelines, if either spouse has had a substantial change in economic circumstances since the time of the divorce, such as decrease or increase in income, it may be appropriate to modify such payments, or even simply modify the length of time that alimony is to be paid;
- With regard to custody, courts will always look to the best interests of the children to determine if a modification of a custody arrangement is required;
- There may be visitation issues that have arisen, such as more or less time available by a parent, or a change in work schedules, that might qualify for a modification;
- A parent may have been given supervised visitation at the time of the divorce and then followed the court’s order and request a modification to allow unsupervised visitation.
Equitable distribution of assets and debts is not modifiable by the Court after entry of the Final Judgment of Dissolution of Marriage. At The Women’s Law Group, we will discuss the facts of your individual situation to determine if modification is a plausible option.