The terms of your divorce decree likely reflected your unique circumstances at the time of your divorce, but circumstances have a way of changing, and post-divorce modifications are often necessary. If your lives have evolved in such a way that one or more of your divorce terms no longer serves your family’s best interests, reach out to an experienced Monterey divorce attorney for the legal guidance you need.
Other than the division of your marital property, (if the assets were disclosed during the proceedings), most any of the terms of divorce can be subject to modification. This includes all the following:
It is very important to note that the terms of your divorce as set forth in your divorce decree remain legally binding until they are legally modified. Even if you and your ex agree to a change, you will not be in accordance with court orders, and if your ex changes his or her mind about the matter at a later date, you will have little to no recourse. Any modifications to your divorce decree, in other words, should be made through the court.
The parenting time schedule that worked so well when your children were small may not be relevant once your children gain more independence and may even have jobs and vehicles of their own. Further, your own career may have evolved or changed course, or your children’s other parent may have experienced a significant schedule shift. If there is a significant reason for requesting a modification to your child custody arrangements, the court will take the matter into careful consideration.
Child support is based on the state’s calculation system and can only take the variables that apply at the time of calculation into consideration. If you or your ex’s financial situation changes considerably, a child support modification may be in order. Child support can also be modified in accordance with a significant change in relation to how you divide your parenting time. If the parent who pays child support, for example, takes on the primary custodial role, it can affect his or her child support obligation.
Alimony – or spousal support – is calculated in relation to the recipient’s need and the payor’s ability to help. If either consideration changes significantly, alimony may be modified in response. The length of your marriage and the passage of time may also factor into modification of a spousal support order.
The court generally will not modify the terms of divorce unless there has been a material – or significant – change. In other words, a minor change one way or the other is unlikely to reach the level of requiring a modification.
The practiced Monterey divorce attorneys at Miranda, Magden & Miranda, LLP, recognize the importance of your post-divorce modification needs and have a wealth of experience helping clients like you obtain modifications that work for them. We are on your side and here to help, so please do not wait to contact us for more information today.
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