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Post-Decree Modifications

Future is always unpredictable. It is very much possible that after a divorce your circumstances may change and this is when post decree modifications for divorce related issues such as child custody, child support, spousal maintenance, visitation etc can be requested for.

Modifying Spousal Support and Child Support

Spousal support and child support are determined after giving considerable thought to and calculating obligor’s financial position as well as ability to pay and the financial needs of the oblige. If there has occurred changes in circumstances modification is warranted. These changes have to be significant in order for request of modification to be considered by the court. The changed circumstances have to be discussed with a knowledgeable family law attorney in your state in order to decide whether you changed circumstances are significant enough.

Modification of Child Custody and Parenting Time

All states rule with best interests of child as supreme factor in issues related to children involved in a divorce. The best interest of child is determined in the following way:

• In the event where two or more parties are seeking custody the court has to weigh all the options carefully like the wishes of parties concerned, reasonable preference of child, primary care taker of child, intimacy and level of relationship between child and each party, interactions of child and parties or siblings and other relatives who can affect the child significantly, adjustment to home, school, community; desirability to maintain continuity of stable environment experienced till then, permanence of proposed home, physical as well as mental health of people concerned, capacity of claiming parties to provide child with love, guidance, education, culture, religion etc; child’s original cultural background etc.

• The court makes detailed findings on all mentioned aspects and each of them are scrutinized and analyzed so as to draw conclusions and determine custody and support in best interest of child.

• Court does not give preference to parents on custody if they do not satisfy factors mentioned.

• Court is not authorized to prefer a parent or guardian on basis of gender of third party.

• The marital status of parents of child should not be determinative of custody of child.

• Court is not authorized to take into consideration general conduct of custodian, but should pass judgment based on relationship of custodian with child.

Unless and until court finds that there is intentional interference or denial of parenting time or time allotted could endanger the child physically or emotionally, parenting time modifications can be requested for. The plausibility of reasons stated for requesting modifications should be verified with an experienced divorce attorney.