People’s lives change every day. A certain arrangement could work for you before you get divorced, but things change and that arrangement may no longer work for you. The law office of Deputy and Mizell understands that sometimes you may have to modify agreements pertaining to a divorce. Our experienced divorce attorneys at the Lake of the Ozarks are here give you a couple of examples of what post divorce modifications look like. If you find yourself wanting to make a post divorce modification, call Deputy and Mizell.
Post Divorce Modification Examples
Altering your child custody agreement
(Although not always the case, modification of child custody may require modification of child support.)
“The parenting plan ordered by the court for your child may need to be revised as your child’s circumstances change. This may be accomplished either informally or formally. First, consult the other parent to determine if the changes may be agreed upon. It is not necessary to go to trial or have a contested hearing to make a simple change to the parenting plan if both parents agree.”
“Parents may agree to an informal simple or minor change. Such simple or minor changes may include a change in days, times or exchange location. In some cases a parent may want a more major change, such as where the child resides the majority of the time. This would require a new court order to be binding. Unless the agreement is formally filed with the court and approved by the court the prior parenting plan remains in effect.”
If you have tried talking to the other parent and the two of you can’t come to an agreement, we urge you to consult with an experienced lawyer at the Lake of the Ozarks.
“A Motion to Modify Child Custody (CAFC101) form is the pleading filed with the court to make changes in the best interest of your child. Changes to the schedule of parenting time (visitation) may be anticipated as a child grows, goes to school, and engages in more extra-curricular activities. Changes to the child custody and visitation schedule may make a modification of the amount of child support necessary. Some changes are sought to make the parenting plan more workable or to address new concerns for the child’s welfare. Modification of the parenting plan will focus on circumstances of the child and/or child’s custodial parent that have changed since the last court decision. Events or concerns heard by the court in the past will not be reconsidered by the judge. Changes in the physical custody of the child are more difficult to obtain by a court. By law, a change of custody requires specific findings that consider more than the wishes of the parent and the child. Requesting a change simply because a parent thinks the child wants to live with that parent may not satisfy the legal requirements. Requesting a change simply because you and/or the child does not like the parenting time (visitation) may not satisfy the legal requirements for a modification.”
Adjusting your alimony
Alimony is the court ordered provisions that must be paid to a former spouse. Alimony is meant to limit any unfair economic advantages one spouse may have over another in a divorce. For example, alimony can provide wages to a either a lower-wage or non-wage earning spouse. In order for a significant change to be made to your alimony after you have divorced, there must be a reason. Reasons for modifying your alimony can include a former spouse losing their job, retiring, or getting a better paying job. Another reason for modifying your alimony can be if your former spouse remarries someone else.
Are You in Need of an Experienced Divorce Attorney Who Can Help You With Your Post Divorce Modifications?
Trying to modify any agreements made in a divorce, after the divorce has taken place, can be difficult at times and shouldn’t be taken lightly. Consult a lawyer at the Lake of the Ozarks you can trust and who has the experience needed to help you get the best possible outcome for your situation. Call our office for a free consultation.
Contact Deputy & Mizell, LLC to schedule your private (FREE) consultation today.
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