If you go through a major life shift, you may be wondering how it will affect your child support or alimony obligations. You most likely signed a settlement agreement or obtained a final decree from the court after your divorce, which details the amount & duration of your payments.
Despite the fact that these judgments are final, the courts acknowledge that things change. While you can't go back to court for a minor issue, a big change in circumstances may necessitate a post-decree modification. The first step is to engage a lawyer who specializes in post-decree modification cases.
The divorce lawyer will be able to clarify your options based on your specific circumstances. You also need to file paperwork with the court seeking a modification as soon as possible, and once the modification has been accepted, you must pay the modified amount.
The main issue in the post-decree modification is whether your change in circumstances is significant. Losing your job does not automatically excuse you from making spousal maintenance or child support payments. The court will look at your situation & determine whether the change in your income/circumstances warrants a modification. Remember, you are obligated to make support payments until the judge tells you otherwise.
If you pay maintenance/alimony to your former spouse and get remarried, start earning more money, or receive a large inheritance, the court may not lower your payment. If you become injured - disabled or lose your job, your child support may be reduced. If your child support payments are reduced, you will not be reimbursed for what you previously paid - a decrease is not retroactive.
If you have another child, it generally will not affect the support you pay for your other children. If your agreement says that payments are non-modifiable, you will have a harder time. However, it may still be possible to get some form of relief.
Other factors that may compel divorce parties to return to court include requesting a change in custody or visitation, one parent relocating out of state, or enforcing custody, maintenance/alimony, or child support orders. In most cases, property division is finalized. In general, the court does not distribute property that has been divided by the court or by mutual agreement.
Family disputes can be traumatic, distressing, & daunting. Contact today the
office of Fizer Law, the best attorney for Modification Of Order in Long Beach, California, at 1~562~270~9944. Obtain the professional & essential advice required to make smart, intelligent decisions affecting you & your children's lives.