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Modification of Divorce Decrees
SJKP LLP helps individuals who have experienced life changes—such as job loss, relocation, or increased child-rearing responsibilities—navigate the legal process of modifying divorce-related court orders. Whether the issue involves custody, child support, or alimony, we guide clients through the steps necessary to seek fair modifications that reflect their current situation.
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1. Modification of Decrees in Divorce and Child Support Cases
A divorce decree is not always permanent. Courts allow for modification when there is a “substantial and continuing change in circumstances.” This flexibility ensures that legal arrangements can evolve as life changes.
Common Grounds for Modification of Decrees
Clients typically seek modifications due to financial hardship, changes in the child’s health or schooling, a parent’s relocation, or the remarriage of an ex-spouse.
2. Modification of Decrees for Child Custody
If your current custody arrangement no longer serves your child’s best interests, you can file a motion to modify custody. Courts evaluate the child’s needs and each parent’s ability to meet them.
What Constitutes a Change in Custody Circumstances?
Moving to a new state, changes in the child's school performance, or concerns about a parent’s behavior can justify modifying the existing custody order.
3. Modification of Decrees for Child Support
Modifying child support requires evidence of substantial and continuing changes.
Modification of Decrees Due to Increased Expenses
Additional school, health, or extracurricular costs may justify a higher support order.
Modification of Decrees for Reduction of Payments
A parent’s inability to earn due to health issues or job termination may support a reduction.
4. Modification of Decrees Under the UCCJEA
Most states require that custody modifications be filed in the court that issued the original order.
Modification of Decrees After Relocation
If the child has moved to another state, a jurisdictional change may be requested.
Modification of Decrees With Co-Parent Consent
If both parents agree to changes, courts may expedite approval.
5. Modification of Decrees: Filing Process and Documentation
A clear, well-supported motion is vital. Proper documentation strengthens your case.
Modification of Decrees: Required Forms
Most courts require a petition identifying the order to be changed and the grounds for modification.
Modification of Decrees: Notifying the Other Party
The other party must be served with notice and have a chance to respond.
6. Modification of Decrees: Strategies for Success
Courts look for consistency, cooperation, and focus on the child's best interests.
Modification of Decrees: Positive Co-Parenting Behavior
Courts favor parents who comply with current orders and communicate respectfully.
Modification of Decrees: Avoiding Common Mistakes
Do not file too soon after the last order or without strong evidence.
7. Modification of Decrees: Why Legal Counsel Matters<
Experienced family law attorneys help you build a focused and strategic case.
Modification of Decrees: Local Court Expertise
Each court has unique rules. A local attorney can help you navigate them effectively.
Modification of Decrees: SJKP LLP’s Approach
We customize legal strategies based on your specific needs and court expectations.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
