Divorce is a long and strenuous process and signing that finalized divorce paper can feel like a giant weight has been lifted. For some, however, that signature does not mark the end of the uphill battle. Some couples have much more complicated situations that include spousal support, child custody, and child support. After a divorce is finalized these can be modified over and over again. If you are stuck in a modification struggle you will need the help of a Salt Lake City divorce modification attorney to help you obtain your desired outcome.
You can modify child custody and visitation schedules until the child’s eighteenth birthday and if both parents can agree to it then this is a fairly simple process. The court will typically grant the modification in circumstances where both parents agree unless the modification put the child’s safety at risk. The best case scenario would be the parents agree on a modification and the court follows suit. On the other hand, things can get messy if one parent does not agree to the modification. This requires the parent requesting the modification to present evidence that a material change has occurred such as a parent moving away for a job. The next step would be for the court to determine if the modification would benefit the child and how much of the visitation or custody agreement needs to adjust.
Child support modifications require specific circumstances and can be complex cases to change. Child support is intended to ensure the child has all of their material needs met like food, clothing and school supplies. Reducing child support impacts the child greatly since the money they depend on each month for their needs is being called into question. Therefore, the court has guidelines for child support modifications. Some of these include a three-year gap since the judgment was entered, financial circumstances are changing permanently and there has been a 10 percent change in how much it will impact the payments. Salt Lake City courts will also be modified if there has been a 15 percent change in income or child expenses.
Spousal support is simpler because it merely needs a material and substantial change in financial circumstances. The only time this rule of thumb does not apply is if the change was foreseeable like retirement. Spousal support can be a temporary payment for a certain amount of years if outlined in the original arrangement.
Divorce is difficult and the support and custody battles that ensue after can be gruesome without the help of a Salt Lake City divorce modification attorney behind you. We will look at every aspect of your unique situation and devise a plan of action to get you the best results possible. We understand that these are life-altering circumstances and need to be handled delicately. The first step in getting the best possible results for you and your child is to contact us for an initial consultation where we will discuss your case and answer any questions you may have.