“I try to put myself in their shoes. In a perfect world, I would have each client’s parenting plan and support obligations crafted to address a myriad of future possibilities so clients don’t have to come back later to change it, but in the real world, that is seldom possible. We do our best, though, to help our client anticipate future changes.” — Frances Nolan
Although asset division is final and can’t be modified after a divorce, as children age, incomes increase or decrease, parents move or remarry, the terms of custody, support and alimony may need to be revisited.
Child custody, child support, and periodic alimony payments can all be subject to modification at any time that there has been a substantial and material change in circumstances. In most cases, the help of a skilled attorney is necessary to address such matters.
Nolan-Byers helps families continue to grow and flourish beyond resolution of your initial legal matter. It is our hope that relationships can and will transform over time, leaving the opportunity for modifications to occur in an organic and holistic manner. Whether we represented the original decree or are brought in to help with modifications, we are dedicated to bringing about amicable solutions in the best interest of our client and his or her family.
While custody remains subject to modification by the courts throughout each child’s minority, the courts heavily favor maintaining the status quo in children’s arrangements whenever possible. Depending upon the terms of your parenting plan or custody order, the burden of proof to obtain a change in custody or a change in division of parenting time may be fairly challenging to meet.
Anytime there has been more than a nominal increase or involuntary decrease in the earnings of either the payor or recipient of child support, or in some cases, when there has been a substantial change in the expenses of the children, a modification of child support may be warranted.
Increases in income, involuntary decreases in income, increases or decreases in the recipient or payor’s expenses all may warrant a modification of spousal support.
If you are facing new circumstances that affect the terms of a divorce order or settlement agreement in any of these areas, you should consult with a family law attorney to determine your rights and the best plan for addressing the changes you are facing.
Contact us today and see how we can help you and your family in your time of need.