"Changes in financial circumstances are
unavoidable and no one should be forced to live on nothing. Not all change is
bad, and sometimes changes need to be made." Bernard E. Packard
Modifications
to Decrees - Changes in circumstances
There are several types of divorce
modifications, the primary two being 1) Custody Modifications and 2) Support
Modifications.
Custody Modifications
The child's best interest is always the
main consideration in these types of proceedings. When determining
conservatorship and custody of a child a court will take into account whether
the parent has a history of always considering the child's best interest,
whether they have provided a secure, stable home for the child. The court
will also encourage and promote the continued combined effort of both parents in
continuing care for the child.
However, things can change.
Sometimes modifications (changes) to the custody agreement should be pursued.
While this can be a difficult and tragic decision, any thoughtful parent will
always consider the well-being of the child.
Support Modifications
The court will award a change to the
support amounts if substantial changes have occurred in the financial situation
of a person affected by the decree. Many times, the terms of child or
spousal support become unworkable because the paying parent has suffered a
significant decrease in pay. Other times, additional support may be awarded by
the judge if it can be shown that the paying parent has received a significant
increase in his or her income.
Please
contact us if you have any questions about Family Law or if you are thinking of making a change in your current
family law situation.