Life is ever-changing, ever-evolving and, to accommodate these changes, the family courts allow for post-divorce modifications as to child custody, child support and in some cases maintenance. If your divorce agreement no longer works for you or is no longer in the best interest of your children, you may be able to request a modification of the terms of your divorce. However, generally, you cannot modify property or debt division, unless there was fraud involved or some very usual circumstance.
If your former spouse and you are on the same page and can agree to modify the terms of your divorce agreement, this will simplify matters considerably. You must still submit the appropriate Motion and Consent Modification Judgment in writing to the court for the Judge to enter the Consent Judgment, to ensure it is enforceable. In some cases, a hearing may be necessary to confirm that both parties agreed to the new terms of their divorce decree.
Contested Motion for Modification
A party may proceed with filing with the Court a motion to modify the terms of their divorce decree, At a contested trial,as the party who is pursuing the modification, you must present evidence that shows there was a substantial and continuing change in circumstances, which warrant the modification.
For example, if you involuntarily lost your job, a judge may see this as a substantial and continuing change in circumstances that warrant a reduction of your spousal or child support payments. If you are requesting a modification of your child custody agreement, you should prove that there was a substantial and continuing change in circumstances and that the modification serves the best interests of the children.
Enforcing the Divorce Decree
If your former spouse refuses to comply with the divorce decree, you can file a motion for contempt and seek to enforce its terms. You may pursue a Motion to Modify along with the Motion for Contempt at the same time. In some cases, a judge might grant a modification of the terms in your divorce decree if your former spouse fails to comply with it. For example, if your ex-spouse does not drop off the children on time to you on a regular basis or otherwise tries to prevent you from spending time with your children, you can request the court to modify the custody arrangement.
Get Started on Modifying the Terms of Your Divorce Agreement
If the terms of your divorce agreement no longer work for you or are no longer in the best interest of your children, now is the time to seek skilled legal representation to pursue a post-divorce modification. The team at Galmiche Law Firm, P.C. will help you pursue a modification of child custody, child support, and spousal support. You can rely on our knowledge, experience, and insight to secure the results you need to accommodate life’s inevitable changes.
Contact our law office today at (636) 552-4841 to set up a free, in-person consultation and learn more about what we can do to help you!