What are Post-decree Modifications?
When the court finalizes a divorce and/or paternity order, the judgments are based on the needs and resources of the parents and children involved. However, as time passes after entry of the final order, if the needs and resources of the parents or children change, there will be a need to change the court orders as well. Post-decree modifications are the legal changes that can amend the original court orders.
Post-decree Modifications of Parenting Time and Legal Decision-Making
In the final order, the rights and responsibilities for both parents were outlined and ordered by the court. In most cases, during the first year following entry of the court order, neither parent can change the details of the living arrangements or decision-making rights. If that year has expired and changes have occurred to the needs or living arrangements of you, your children, or your ex, it might be time to revisit and modify the parenting time and legal decision-making orders.
Post-decree Modifications of Child Support
Parents always have a right to modify child support whenever there is a significant change in circumstances to either parent’s financial situation. It is not good enough just to have an agreement between the parties to pay more or less child support other than what is ordered by the court. An agreement to change must always be accompanied by a new court order showing the change in child support.
Post-decree Modifications of Spousal Maintenance Orders
Spousal maintenance orders may also be modified after entry of the final order. If your financial situation has changed since entry of a spousal maintenance order due to circumstances outside of your control then it may be necessary to change the amount or length of the spousal maintenance order.
If your financial or living arrangements have changed contact us to ensure that your needs are being taken into consideration.
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