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Post Divorce Modification

For many couples who separate and/or officially divorce themselves, once their case has progressed through the court and the final divorce decree has been completed, they believe that all is said and done, all decisions are final, and nothing will change. However, after a divorce settlement agreement is reached and made official by a court in a final divorce decree, it can be modified as circumstances tend to change. This is known as a Post-Decree Modification, or Post-Decree Motion. These motions are filed when a legally separated or divorced couple takes part in post-decree litigation, which means the parties involved are in disagreement about issues after the final divorce decree has been issued and are headed back to court to resolve these issues.

What problems may occur with a Post-Decree Motion?

  • Child support, custody, and visitation schedules are the main subject of a post-decree motion. This can be due to a number of factors including a move to a new location, the involvement of a new marriage for one or both of the parents, a massive change in financial status of one of the partners, living conditions, financial need of the children, and above all, the best interest of the child or children involved in the case. If the parenting plan that was agreed upon is not working and needs to be changed, parental responsibilities, parenting time/visitations, schooling, health care, and other issues can be subject to change during this process. Attempts to alienate or isolate a child or children from one parent by another is also just cause for a post-decree modification request.

  • Alimony, otherwise known as spousal support or spousal maintenance, may also be subject to change due to a change in employment, involuntary loss of job/firing/quitting, change in living conditions, remarriage, substance abuse, arrests, or incarceration, a decaying mental or physical condition, or other factors. A family court judge will examine the details of the case and determine if anyone is attempting to avoid paying court-ordered alimony or if the requested changes are acknowledged and worthy of consideration.

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