Have Your Circumstances Changed Post-Divorce?
Sometimes, even after a divorce is complete and child support and custody schedules have been agreed upon, changing circumstances can cause clients to pursue new arrangements. When finances change or one parent decides to relocate, decisions that affect the existing agreements can be modified by returning to court.
Wherever possible it is best to resolve modification requests via mediation and negotiation, allowing both parties to avoid expensive legal fees while pursuing a result that is in the best interest of their child. At Law Office of Shelly Kay Flot, PC, our approach to post-divorce modifications is to bring all interested parties together to hammer out a mutually beneficial agreement that protects their children, their parental rights, and their finances.
Reasons For Post-Divorce Modifications
A motion to modify a divorce decree can be brought anytime there is a material change in the circumstances of a parent or the needs of a child. Ultimately, any approved modification must be in the best interest of the child. Common reasons parents pursue a modification of a divorce decree include:
- A Child’s medical or educational needs have changed
- The loss of a job or a reduction in take-home pay
- A new job or increase in take-home pay
- A parent’s wish to relocate to a new city or state
Such changes in circumstances can result in the need to pursue a motion to modify the divorce decree to recalculate child support payments, restructure the custody and parenting time arrangement, or revisit vacation and holiday schedules. We recommend resolving these motions amicably through negotiation and mediation whenever possible in order to limit the emotional strife and stress for parents and their children. Working together can result in an outcome that works best for everyone.
Even if you have already agreed on a new arrangement, you must follow the correct process to make your post-divorce modifications official. Failure to do so could expose one or both of you to legal damage in the event you no longer agree in the future.
Are Your Finances Causing Problems?
Going from two incomes to one but still having to manage a household is a recipe for financial issues. We routinely encourage clients who are concerned about finances to complete Chapter 7 bankruptcy proceedings before filing for a divorce. The order in which you complete legal remedies is important. Waiting until after bankruptcy to file for dissolution can be a beneficial decision if you are struggling financially.
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The Law Office of Shelly Kay Flot, PC, is a debt relief agency. I help people file for bankruptcy relief under the Bankruptcy Code.