Divorce Guide

Divorce Guide


Post Divorce Issues


There are certain post divorce issues that you have to deal with. Few post divorce issues can be difficult. These issues can be related to emotional, mental and financial issues. The most common post issues are modification of custody, support, relocation issues, child support, etc.If you have valid post divorce issues, it is advisable to discuss the case with a legal counsel.

These post divorce issues can create questions like- Is the child support level you are receiving no longer sufficient? Are you seeking for more time with your child? Do you wish to live separately with the kids? Are you not getting the alimony from your spouse, which you were awarded with? All these queries may arise once your divorce is final.

The courts recognize that people’s lifestyle is constantly changing. Post divorce issues like financial situation, economic climate, children’s needs, etc. can generate the need of modification in the agreement. For this modification, application must be prepared and presented by a lawyer in order to succeed.

Modification and Enforcement

Whether certain issues in your divorce are settled by both the parties or are decided by the court, few things in your judgment can be changed (modified) by a judge, once the decision is made. Mostly issues related to support for children, alimony, child custody, and child visitation can be modified, and only one of the spouses can explain the need of change in these circumstances. For example, circumstance changes due to losing job, or remarriage. Grounds to change child custody orders can be someone moving away, or the requirements of the children changing as they grow.

Some orders are not changeable. Usually property division is not subject to modification. And, if both the parties have decided that alimony shall not be modifiable, the courts of most states will follow that settlement.

Child Support Modification

Child support guidelines help to determine the level of child support. If the paying parent's income has risen, a custodial parent may file for an increase in the support. A non-custodial parent seeks a reduction, when their income has been reduced due to circumstances such as recession or unemployment.

Custody and Visitation Modification

You can file a request to alter the day-to-day parenting arrangements. If you have a court-approved custody agreement, you can then request to alter the arrangements of the custody or visitation scheduled. If you are seeking a sole custody, you can go through a custody determination process.

Modification of Spousal Support

If a person shows changed conditions like inability to support, an application is made to modify the award of alimony.

Enforcement

If both the parties disobey the order that the judge made in your divorce case, there are ways to enforce those orders. For example, failure to pay support, failure to turn over property awarded or refusal to allow the visitation ordered can be challenged in court.

Orders of paying money can be enforced by cutting wages or bank accounts and selling off property belonging to the person who fails to pay. Orders for support, child visitation, etc. can usually be imposed by contempt of court process. Papers are prepared and served on the person disobeying it, commanding the person to appear in court. Once a hearing is made, the judge can enforce a fine necessary to make the person obey the order.

Post divorce issues can be enforced or modified as the parties find it comfortable. Legal advice should be taken in order to win the settlement on such issues.


Divorce in Europe


Divorce and Children
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Post Divorce Issues
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