Revisit the Terms of Your Divorce
As time passes, one or both parties may need divorce modifications. Changes in your life, your ex-spouse’s life or your children’s lives may trigger the need to revisit the terms of the divorce, custody and/or child support. Sometimes, your attorneys work out the divorce modifications, and they file the agreement with the court for review. When you and your ex-spouse can’t agree, one attorney files a motion, and the court orders a hearing. The right attorney guides you through the options, and keeps your rights and best interests protected at all times.
Which Life Changes Qualify for Divorce Modifications?
You can seek an alimony modification if you have a substantial change in your ability to pay alimony or there’s a change in your ex-spouse’s need for assistance. The court requires you to show a substantial and continuing change to your circumstances. The fact that you didn’t like the original divorce terms is not grounds for a modification. Courts don’t typically revisit the division of property or debt, however, courts will consider child support and alimony modifications.
Substantial changes that may warrant modifications include:
- Health problems
- Significant raise
- Lottery winnings
At your hearing, your attorney argues for the changes you want and presents evidence of those changes to the court. For example, maybe your employer reduces salaries companywide, thus reducing your ability to pay alimony or child support. Or maybe you suffered an injury and cannot work. Maybe there is a health issue with you or one of the children in your care.
If the judge agrees with your reasons and signs the modification, it becomes a court order and binds both parties.
Remember, your original divorce settlement is not “for life.” At Carl T. Boake, P.A., we are committed to serving your best interests during and after your divorce. For more than three decades, we have counseled thousands of clients in the St. Petersburg area and helped them get the results they needed. Call Carl today to schedule a consultation.