When a divorce case is filed, the end result is an Order (or Decree) that resolves all of the issues between the parties. This includes determinations about child custody, child support, visitation, property distribution, and any other issues unique to the case. The idea is that the divorce decree is the final word on the parties’ rights and responsibilities, and there should be no deviation from what is contained in the decree. However, there are instances where a modification is needed, and in order to seek a modification certain evidence must be presented for the Court’s consideration.
The circumstances under which a Divorce Decree can be modified include:
- A change in circumstances, including a change in income of one of the parties. Most times the requested change in this area is for an increase or decrease in the amount of child support and/or spousal maintenance payments due.
- A change in employment that impacts healthcare coverage, which would necessitate a request to modify the divorce decree with regard to which parent is responsible for maintaining coverage for the kids.
- A change in the medical condition of one of the parties, which could mean the need to change custody of the children is needed.
In order to obtain the Court’s approval of a requested change, you will be required to present evidence of how the circumstances of your case have changed. This might include the need to prove that your ex is now making significantly more money, which means your children are entitled to a change in the amount of child support being paid. If you are asking the Court to make a change to the custody order, you will be required to show that the change you seek is in the best interest of your kids. This could mean that you have to provide proof of abuse, or some other harm to your child under the current order.
For more information about divorce, and how to make changes to your divorce decree, contact our office today. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.