We have all heard the only things guaranteed in life are death and taxes. But there is one more important thing. Unless a person is extremely set in their ways, their life is going to change. You may have gotten a new job or lost one. Maybe you are moving to another state. If you’ve gone through a divorce, these changes can affect your settlement, such as your child custody and visitation arrangements. If you and your former spouse agree a divorce modification is in the best interest of both parties, there should be little trouble gaining one. However, if one party decides to contest, it is important to have an experienced divorce attorney that can help.
One of the biggest myths about divorce is the court’s ruling is final. While that is somewhat true and it can be difficult to make changes to a divorce decree, it is far from impossible. A good divorce attorney will offer divorce modification as part of their legal services. But how do you know which attorney to choose?
The Process of Divorce Modification
To get a divorce modified, it is important to have an experienced attorney that can help clients navigate through the legal process. If you are having trouble coming to an agreement with your former spouse, a divorce attorney can provide viable solutions. First, he can work with your former spouse’s lawyer to help file a motion in court. When it comes to changing the terms child custody and visitation on a divorce decree, here are some of the factors the court will take into consideration.
- You or your former spouse are moving away a significant distance
- The income of the spouse paying child support has changed significantly
- Your former spouse is not providing proper supervision the children.
- Your child has contracted a medical condition that will require greater financial assistance
- Your former spouse has developed a chemical dependency, mental illness or has committed a serious crime.
- Your former spouse has physically or mentally the children.
- Neither you or your spouse are able to follow the terms of the divorce decree
Child Support Modification
Child support modifications can become complicated. In many cases, both parties may be in dispute on what they believe is a reasonable amount. Generally, the person who pays for child support will ask to pay less while the receiving party will want more. To receive a modification, you provide the court with evidence of your change in income and the circumstances. Anytime a person requests a change in their divorce decree, it is important that person and their former spouse to put those conditions into writing.
A Salt Lake Divorce Attorney Can Help
Change is inevitable. Sometimes it can get in the way of your divorce settlement. If it’s time to change your divorce decree, it is important to seek representation from a legal professional with a track record for helping protect the rights of clients and looking out for their best interests. Salt Lake City divorce attorney Christopher M. Ault has successfully represented many men and women with the appropriate divorce modifications to meet their needs. He utilizes an aggressive and comprehensive approach to ensure each client is placed in the best position to succeed. To learn more, contact The Ault Firm and schedule a consultation to discuss your case.