Situations can arise after divorce that require either party to modify an agreement. These can include job loss, promotion, or other factors that might terminate, change or increase alimony payments, modifications of child support due to the child’s needs or the supporting parents work situations, and any changes due to relocation or other modifications of the current parenting plan.
Durham Modifications Lawyer
After divorce, there can be conflict regarding the placement or financial support of children. Even those without children might need to change alimony or maintenance payments. Whether in litigation or mediation, I take a thorough and careful approach to changes or modifications to a divorce agreement.
Changes Involving Child Support
Changes to child support can be based on a number of factors including a significant change in the age of the child or specific medical or educational needs. Changes can also be based on the circumstances surrounding the parent such as loss of a job or significant changes in the financial situation.
In order to modify child custody, you must file a court action to change a final court order. This order might be called a Custody Decree, a Residential Schedule, or a Parenting Plan. Requesting a modification is basically asking the court to sign a new Parenting Plan. These changes might be “minor,” making only small changes, or they could fall into the category of a “major” modification such as a change of custody. You will have to prove to the court that there is a good reason for the requested change. I can help you in any modification needs.
Changes Involving Alimony
Some couples at divorce establish non-modifiable alimony or maintenance at the time of the divorce for stability and certainty in their post-divorce financial planning. For those who do not establish non-modifiable maintenance, a change in financial circumstances is necessary to modify alimony or maintenance. Some of these changes can include a change of employer, termination, reduced salary, and retirement. The party seeking the modification must prove the change in circumstances.
Call my office to assess your situation regarding any type of modification to a support order or parenting plan.