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Post-Decree Matters
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When a divorce case comes to an end, and all the issues have been ironed out, the Judge will issue a final decree. However, practically speaking, it’s not the end. Parties to a divorce often face ongoing issues, especially where the court has ordered maintenance or child support payments, or set up a child visitation schedule. So can the final decree be modified? It’s up to the Judge.
In order to convince the Judge that he or she should grant a post-decree modification, you’ll have to prove that you have experienced a significant change in circumstances. Job loss is a common example. If you are ordered to pay your spouse maintenance but lose your job six months later, you may be unable to make your payments. A Judge may consider this a significant change in circumstances and modify the maintenance order, at least temporarily.
An important thing to remember is that you should continue to pay, whether it’s maintenance or child support, until a Judge tells you otherwise. You can’t just stop paying if you lose your job, become ill, or suffer some other kind of financial setback. So file the correct paperwork with the court as soon as possible.
A loss of income isn’t the only reason people ask for modification. What if you are paying maintenance and your former spouse’s financial situation improves? If your former spouse gets remarried, inherits a large amount of money, or starts earning a larger salary, you may be able to have your payments reduced. Decisions are very fact specific and there isn’t an easy way to guess what a Judge will do. Your best bet is to talk to an experienced divorce attorney, preferably someone with experience in post-decree issues.
Other modifications an individual may seek after a divorce include a change in child custody or visitation, especially if one parent moves farther away or out of state. When deciding whether to modify a child custody or visitation order, the Judge considers the best interests of the child or children involved.
If you experience a significant change in circumstances that makes it difficult to follow the terms of your court order, or you believe your situation warrants a modification, contact an attorney right away. You can’t change the order without going back to court. The sooner you get started, the sooner you can get in front of the Judge to ask for a modification.
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