After a divorce has been finalized, there are some situations where an ex-spouse may request the court to modify the terms of decree due to their changed circumstances. You, being the receiving spouse, may be able to prove to the court that you need additional monetary support in order to meet the average standard of living and fulfill the needs of your children. The court will review your case, evaluate how the circumstances have rendered the current alimony and child support insufficient, and decide whether to accept your appeal.
Here are a few common situations where often ex-spouses seek out a modification to divorce decree:
- Child Support or Alimony aren’t enough for your Changed Circumstances
There comes a point in life after divorce when child support or alimony payments become inadequate to cover the necessary expenses. For example, you were in an accident and lost your earning capacity to some extent. Or perhaps, you lost your job and you weren’t at fault. Such changes may make you eligible to request more support from your ex-spouse. This can be the other way around as well, i.e. your ex-spouse may ask the court for modification for reducing the amount of child support or alimony, because of your improved conditions.
- You Need to Shift to a Distant Location
The child custody agreement legally restricts you from shifting to a distant location where it will be difficult for the other parent to visit the children. But if you are moving to your aged parents’ house who require your care or have been offered a dream job in another state, you can file for relocation. It is a type of post-divorce modification that changes the terms in your child custody agreement and parenting plan. However, if you decide to move away without modifying the divorce decree, you can face serious legal consequences and allegations, such as kidnapping.
- You are Unable to Make Payments Required of you
If you are the paying spouse and some recent turn of events have caused dramatic change in your income or earning capacity, you may have to obtain a post-divorce modification to reduce the amount of child support or alimony. Since you are obligated to make timely payments to your ex-spouse, if you suddenly stop paying child support or alimony without informing the court, you will be at a much greater risk of facing serious legal actions. So it is imperative that you seek a modification to your divorce decree immediately after your changed circumstances.
Enforcement of a Divorce Decree
If your ex-spouse, for some reason, is not paying their obligations on time as outlined in your divorce degree, you can seek legal assistance in enforcing those payments. The need for enforcement arises in situations when the paying spouse skips on child support and alimony payments.
If you need to modify the terms and conditions of your original divorce decree, you will need a divorce attorney to help you, as there are high chances your spouse may refuse to comply with your request. If you are looking for an experienced Naperville divorce attorney, contact the Fitzgerald Law Firm, P.C. to schedule a free consultation today.