Divorce Modification Lawyers in Birmingham, AL Helping to Adjust Orders and Agreements After Your Divorce is Finalized
After a divorce in Alabama, the parties sometimes seek out little tweaks or major modifications to the final divorce decree. In the event the parents are no longer in a relationship with each other, they may also ask for changes to their Allocation of Parental Responsibility (APR) file. In Alabama, these requests are called post-decree modifications.
The process of divorce can be incredibly draining, both mentally and emotionally, to both parties and any children. Once the divorce is official, it is the hope that both spouses can recover and move on with their lives.
When one party breaks the decree, or if situations involving the spouses have evolved, either spouse could choose to try and make a change to the order. If your situation has changed and you want to change your divorce parameters, our team of seasoned and passionate divorce modification lawyers is here to help. We have many years of experience helping individuals through a divorce and a passion for obtaining the best results for our clients. The Rose Law Firm LLC can help make sure that your divorce decree is representative of your current situation.
When Can I Request to Have My Divorce Agreement Changed?
When an Alabama judge files a divorce order, it is thought of as final and legally binding for everyone involved. What that means is both spouses are expected to follow the rules and conditions stated within the divorce agreement going forward. This agreement is called a Decree of Dissolution of Marriage. That said, it’s possible for your decree to be modified based on your circumstances. The Alabama courts know that the most comprehensive divorce order still may not account for each of the factors that could change down the road. Life changes and evolves.
In order for this to happen, a court will need you to show a “substantial and ongoing change in circumstances” in order to change a divorce agreement. The decision will ultimately come down to the specific factors of your individual case. You can make modifications to child support at any time if there is a major and continuing change in the circumstances making the original order less than fair. There’s a presumption that any more than 10% is enough to meet this standard when it comes to a child support obligation. You are only able to make modifications to support if it’s allowed under the official divorce decree, and you are able to show the circumstances have changed.
Other scenarios can, of course, come up when one party denies the other spouse time with their child or puts their child in danger. You can also change a divorce order if one parent constantly misses the official time allotted to be spent with the child. Making these modifications is actually a fairly complex process, so it’s in your best interest to work hand in hand with experienced divorce modification lawyers who know the laws and can help you navigate the process successfully.
Can Spousal Maintenance Be Modified?
Spousal support, or spousal maintenance, can be changed in Alabama. That said, whether the judge accepts a request for modification will come down to the original divorce agreement.
If the divorce decree says that support agreements are “contractual” and “nonmodifiable,” then neither spouse will likely be allowed to make a modification of a support agreement, no matter what the situation or circumstances are.
That said, if your divorce decree states that support is “contractual but modifiable,” then you could get your support agreement changed, depending on your specific situation. Your divorce modification attorney will be able to analyze your case and determine your best possible options quickly.
How Can I Modify Child Support Requirements?
Either parent can request a change in child support payments. This kind of request is actually pretty common. To accept a request for a modification of child support, the requesting parent will need to show a major and ongoing change in their circumstances or their ex-spouse’s situation, which makes the original child support decree unfair in regard to Alabama’s child support guidelines.
The other party can, of course, push back on the request for change. For example, if one parent has chosen to be unemployed, then the judge may not change the child support factors. Because these requests are common but somewhat complex, you’ll want to have your divorce lawyer look over anything before making an actual request. There may be ways to ensure the outcome of your request is what you need.
How Does Moving with a Child Work?
Divorce agreements often include travel restrictions and additional regulations for both parents. There are almost always laws specifically for moving, i.e., relocating from Alabama with your kids. Before changing the agreement, the judge must consider many factors to determine whether or not the suggested move is best for the child. All of these issues could be very complex and our Birmingham office, specializing in divorce modifications, will help you quickly and successfully navigate the laws to make the best decisions for your family.
Can a Divorce Modification Attorney Benefit Me?
The majority of people think of divorce as a bookend. Once the paperwork is signed, that is the finalization of a divorce. But they’re often wrong. If you have to move to a new town for a new job, have lost your career, or just want to make some major changes to your life, these changes in work or lifestyle might necessitate some changes to your divorce agreement, which would need to be approved by the judge.
We understand that the various types of changes can have a positive impact on their lives. A divorce modification’s goal is to bring the divorce decree up to date so that it honestly reflects the day-to-day lives of the individuals it represents while keeping the child’s best interests at the forefront. Let’s say your divorce was made official a decade ago; your life has likely changed in many ways. A divorce modification ensures your divorce decree reflects those changes.
At The Rose Law Firm LLC, our divorce modification lawyers help individuals with divorce decree modifications whenever they think the terms listed in their current divorce agreement do not actively reflect their current situation. If your life has changed since your divorce, call us at (205) 858-9224, so we can help you modify your agreements to meet your needs.