Top 10 Reasons for a Post-Divorce Modification in Fulton

In most divorces, four main issues must be settled: alimony, child support, child custody, and the division of property. In most cases, the judge’s decision is final. However, there are circumstances where a couple may want to make modifications to the divorce decree. If you are going through a divorce, you may want to know the top 10 reasons for a post-divorce modification in Fulton.

What Is a Post-Divorce Modification?

The final court order includes agreements about alimony, child visitation, child support payments, and how property is divided. However, under extenuating circumstances, they may grant a post-divorce modification. A post-divorce modification allows a couple to legally modify certain terms of their divorce decree.

Reasons to Get a Post-Divorce Modification in Fulton

While modifying a divorce decree is difficult in Fulton, it is possible if either partner’s situation drastically changes. These changes must impact the child visitation schedule or parenting plan, whether one partner can pay alimony, or how property is divided. Working with a knowledgeable Fulton,MD family law attorney can help you navigate these legal challenges and improve your chances of securing a fair post-divorce modification. The list below details the top 10 reasons a couple may be granted a post-divorce modification.

1. Significant changes in either spouse’s financial situation. These can impact their ability to pay alimony or child support. Such changes can include a loss in income due to job loss, a medical condition, or a change in jobs. It could also be a substantial increase in expenses.
2. Other changes in the parent’s ability to pay. Sometimes, one spouse’s education or skills may impact their ability to pay child support or alimony. In this case, the judge may grant a modification.
3. Age and/or dramatic changes in the health of either party. A partner’s age and health can impact alimony or child support. If one party experiences issues in their physical or mental health, this may be a reason for a judge to alter the divorce terms.
4. Health changes for the child. Sometimes, it is changes to the child’s medical needs that may require a change in child support or custody. This may require a person to increase their payments. In some cases, one parent may not be able to support the child as before, so they may ask their requirements to be increased.
5. Changes in the child’s educational needs. The needs of the child are one of the most important factors when determining child support and custody. If the child’s educational needs change significantly, they may require a greater amount in child support, or physical custody arrangements may need to change.
6. Relocation. If one parent relocates, this may mean changes to the visitation schedule or custody arrangements. If one parent previously had physical custody, but the other parent relocates and wants to take the child, for instance, a modification may need to be made.
7. Financial fraud. Hiding assets or property is detrimental to divorce proceedings. If one partner defrauds the other about their financial situation, and this fraud is discovered, a judge may need to make changes to property division arrangements.
8. Violating child custody arrangements. In some cases, one parent continuously violates the child custody arrangement by neglecting to visit or care for the child. In others, one parent may interfere with the other parent’s visitation. If these or other issues occur, they may be grounds to modify the child custody arrangement.
9. Parental fitness. If there is a change in one parent’s fitness to care for the child because of drug or alcohol abuse, for example, this is not in the interest of the child, and it may warrant a modification.
10. Threats, violence, or abuse. If either party is abusive or uses threats to get their way, the judge may modify the divorce decree. These threats and abuse may certainly be detrimental to the child, and they may also make alimony arrangements impossible.

Ultimately, it is up to the judge, but working with a qualified lawyer can increase your chances of achieving the modification you require.

Steps for Getting a Post-Divorce Modification in Fulton

To get a post-divorce modification in Fulton, you should first hire a lawyer. A seasoned Fulton lawyer knows the legal process and can defend your case in court.

Once you hire a lawyer, you will need to file certain forms to begin the process. It is important to collect all evidence and paperwork for your case. The last step is to appear before a judge, who will either grant or reject your modification.

FAQs About Post Divorce Modification Law in Fulton,MD

What Is a Post-Divorce Modification?

A post-divorce modification consists of legal changes made to an existing divorce decree. While most divorces are final, changes must sometimes be made if the situation since the divorce has changed. Post-divorce modifications require extenuating circumstances, such as substantial changes in income, the parenting plan, either party’s ability to pay, or the child’s needs.

What Are the Three C’s of Divorce?

The three C’s of divorce are cooperation, communication, and clarification. Abiding by these can make the divorce proceedings go more smoothly. You should be willing to:

• Cooperate with your former spouse.
• Communicate respectfully, honestly, and openly.
• Clearly inform them about important details.

These 3 C’s can also be applied to post-divorce modification proceedings.

Can a Divorce Decree Be Modified in MD?

Yes, a divorce decree can be modified in Maryland under certain extenuating circumstances. These circumstances must be so substantial that they interfere with either party’s ability to pay alimony, child support, or divide property. These new circumstances could also negatively impact what is in the child’s interest. A lawyer can petition to modify your divorce decree on your behalf.

How Much Does a Divorce Lawyer Cost?

The cost of a divorce lawyer varies, depending on their experience and skill, the complexity of your case, and the law firm’s location. If you already hired a divorce lawyer for your initial divorce, you may want to retain them for modification. This can impact your fees and rates. In general, more complex cases are more expensive, as are lawyers with more experience and success in litigating cases.

Professional Service, Personalized Attention

Going through a divorce is difficult, and needing to make modifications can be equally complex and time-consuming. If you need to modify your divorce decree because your circumstances have changed significantly, you should contact the Law Offices of Todd K. Mohink, PA, today. With our personalized attention, we can achieve success in your post-divorce modification case.