Decree Modification

A post-decree proceeding happens after a divorce has been finalized. Once a decision is made, a divorce party may demand changes to the divorce agreement. One would think that once a divorce is final, there would be no alterations, but circumstances can change. Typically, these modifications are only made if one of two things occur: circumstances change or there is a breach of contract.

What events qualify for a modification in alimony? When a divorce is final, alimony (or spousal maintenance) is a part of the final agreement. When one of the parties loses their job, it may require the separated couple to readjust the original agreement in order to make up for loss of income. In addition to the loss of steady income, a sudden change in loss or gain of assets would also justify such a notion.  However, alimony may not be modifiable at all.  In many situations, you may be stuck with the original terms no matter what.

Parenting time and child support, which are also part of a final decree, may also be modifiable.

Parenting Time or Custody Modification
At the time a divorce is finalized by court order, so are visitation and custody agreements. When child custody is determined, it’s always in the best interest of the child. If circumstances change and the arrangement no longer suits the best interests of the child, a child custody modification may sometimes be made. In most cases, separated parents will not see eye-to-eye on this and one will have to file a petition with the court and serve the other a copy of the motion.

Child Support Modification
When a divorce between parents is finalized, child support is included within the agreement. When circumstances change in regards to a parent’s earning ability or a child’s financial needs, a modification to this agreement could be requested.