What Sort Of Divorce Modifications Can You Make?

You can’t predict the future, plain and simple. No one ever knows what is going to happen and a divorce agreement that worked, in the beginning, may not work now. That being said, there is an answer to this problem. You can legally modify your divorce agreement in a number of ways. If this is something you’re considering, contact an experienced family law attorney at the Lake of the Ozarks to help you! Deputy and Mizell can be reached at 573-346-9990. Call today for your free consultation. In the meantime, keep reading this week’s blog for a few divorce modifications you can make.

TRANSFERRING PRIMARY CUSTODY FROM ONE PARENT TO ANOTHER.

Parenting plans are the plans organized by the court that determine how child-rearing responsibilities will be divided between two parents who wish to separate. These plans encompass both custody and visitation issues. There are a number of situations that may spur one parent to modify the parenting plan, such as:

One parent becomes incapable of caring for the children due to mental or physical illness or disability.
One parent becomes unsafe for the children to be around due to drug, alcohol, or other substance abuse.
One parent is abusing the children.
One parent’s new spouse is not willing to raise the children in accordance with the other parent’s values.
One parent may wish to move out of state.

This is perhaps the most common type of post-divorce modification parents make, as parents and children may need different things over time.

LOWERING OR RAISING THE ALIMONY AMOUNT PAID.

Spousal support (also called spousal maintenance or alimony) is a court order that requires a higher-earning spouse to provide financial assistance to a lower-earning spouse after the divorce. Some situations that may warrant a modification of this order include:

The higher-earning spouse losing his/her job, taking a position with a lower salary, or otherwise suffering a pay cut.
The lower-earning spouse taking a position with a greater salary.

Alternatively, the higher-earning spouse may take a position with an even greater salary, and the lower-earning spouse may wish to modify the agreement to change the amount of support he/she is receiving.

RAISING OR LOWERING CHILD SUPPORT PAYMENTS

Child support is court-ordered financial support that the noncustodial parent may be required to provide to the custodial parent. It is designed to offset the day-to-day costs of child-rearing, such as clothing, education, healthcare, dental care, food, etc. Situations wherein parents may try to modify a child support order could include:

A child is seriously injured or receives a medical diagnosis that will require extensive (and expensive) care.
The noncustodial parent has children with a new partner and wishes to devote more financial resources to the new family.
The custody agreement is changed such that the previously noncustodial parent now has full or partial custody.
Parents may also attempt to modify child support orders in the same situations as spouses may desire to modify spousal support orders, such as one spouse experiencing a significant change in his/her financial situation.

Need Your Divorce Agreement Modified?

It is ok to want to change things. You may be surprised at how common of a request this can be. Give us a call today at the Camdenton office phone number listed below. Your first consultation is free. Let’s get one scheduled for you and get this matter handled. You can also follow us on our social media channels listed below to stay up to date on our latest announcements and legal tips.