Three Things That Aren’t Always Final In Divorce

Entry of a final divorce decree is supposed to be the final word on all of the issues in your case. But there are times when changes have to be made after the fact and if you need to make a change you have to follow a certain procedure with the Court. If you are experiencing the need to deviate from what the Court ordered in your divorce case you should know that doing so without Court approval could get you in trouble, and that there are only a limited set of things the Court will allow you to change. Before you take matters into your own hands and make a change without going to Court, call us to learn your options.

Three things that aren’t always final in a divorce include:

• Child support payments: many times jobs and salaries change throughout your life and the lives of your kids. If you make less now than when you were ordered to pay support you can ask for the Court to allow you to reduce the amount of child support you pay in order to allow you to make ends meet. Or, it may be that your ex has received a large bonus or raise in salary and the amount of support you are receiving should be increased. In either instance you have to go back to the Court and ask that the child support order be changed to reflect the changed circumstances. Simply reducing your payment without Court authority could spell contempt of court, and by the same token asking for more to be paid to you without taking your case to the Court is not appropriate.
• Parenting Time and Legal Decision Making (formerly known as “Custody”): we understand life happens and this might mean you are not always able to stick to the visitation schedule the Court originally ordered. If you need to change holidays, weekends, or summer vacation the way to do that is to ask the Court to enter a modification to your existing schedule. If you refuse to allow your child to go on a scheduled visitation, you could face contempt charges from your ex. The proper way to make these types of changes is to ask the Court to look at the reason why the change is needed and to enter an order that notates the change.
• Daycare and other expenses: it is important to maintain adequate day care, health insurance, and other expenses for you kids. If you have changes to your life that mean you are no longer able to pay for sports fees or other expenses, you have to ask the Court to enter a different order about which parent pays those things.

We can help you make sure you do not violate the current order in place, and also help by presenting your case to the Court if you are asking for a modification. Call us today to learn your options.

For more information about how to make a change to a final divorce order, call us 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.