In the process of finalizing a divorce, issues of spousal support, child support, custody, and visitation must be settled. Sometimes, one party gives up rights they are entitled to so that the divorce is resolved quickly. In other cases, an agreement may seem fair at the time but later becomes unfair due to new circumstances, such as a change in career or income level.
Regardless of the specific source, a post-divorce dispute is often best handled by a Middlesex County post-divorce disputes lawyer. Work with a qualified divorce attorney who can mediate discussions while still advocating for your best interests.Changing a Custody and Visitation Order Post-Divorce
One of the most common modifications divorced partners request are changes to their custody and visitation arrangement. This may be due to a parent having fewer work demands, an older child’s desire to change the schedule or a new sibling or stepparent with whom one or both former partners feel a new relationship should be encouraged.
When a judge makes a custody decision, they must do so in a way that represents the best interests of the child or children to whom the original order applied. The same principle applies in the event of a request for modification of custody, except the question at hand becomes whether the change in custody would be in the child or children’s best interest.Changing Child Support Payments
Along with a modification for custody, parents may also ask for a change in child support. Either parent can ask for a modification, whether it is a decrease or increase in the amount currently paid.
Once again, the first step is demonstrating a substantial change in circumstances from when the original order was made—a significant increase or decrease in income, for instance. A Middlesex County post-divorce disputes lawyer could help individuals collect information that verifies the substantial change in circumstances.
When one person is asking for a modification, they must provide the court with all their relevant financial information. Using this information, the court will once again go over the same set of factors they used to decide child support in the first place. If there has been a major change in income, the court will also consider whether the change was for the sole purpose of modifying child support.Modification in Spousal Support
When it comes to alimony, a court is not likely to change the number of years that the supposal support lasts barring unusual circumstances. However, the court is usually more willing to change the amount of spousal support.
To increase or decrease alimony, the person requesting the change must show that there was some change in circumstances to justify this modification.If some future event that the original order was predicated upon never occurred, that can also stand as grounds to change alimony payments. For example, if the person receiving alimony requested the support to pay for school but is now unable to continue with their education, either side may then ask for alimony to be modified.
Lastly, if the party alimony receiving remarries or is cohabitating with another individual, then alimony from a previous relationship can be terminated.How Middlesex County Post-Divorce Disputes Attorney Could Help
If you have already gone through a divorce but want to alter some of the decisions made during the process of formalizing it, you need to speak with a lawyer. A Middlesex County post-divorce disputes lawyer could assist you in figuring out how orders can be changed to better fit your current needs. Call today to schedule a consultation.