Washington Post-Divorce Modifications Lawyer
Divorce is a challenging process during which many different terms are resolved. These include child custody, child support, alimony, and property division. After these issues are resolved and a judge issues an order, it is final and legally binding. Both parties are expected to comply with the terms outlined within the order.
However, the law in Washington, and throughout Pennsylvania, recognizes that a person’s situation may change and these orders may no longer be practical at some point. In these instances, obtaining a modification from the court may be possible. Below, our Washington post-divorce modifications lawyer explains how to do it.
What is a Post-Divorce Modification?
A post-divorce modification is a motion asking the court to change a certain aspect of the divorce decree. Either party can file a motion for a post-divorce modification. To obtain a modification, the filing party must show that there has been a substantial change of circumstances. Depending on the modification being sought, the filing party may have to prove other elements of their case, as well.
Alimony Modifications
Either spouse can file a motion to modify alimony based on a substantial change of circumstances. Some of the most common changes in circumstances that can allow for the modification of alimony are as follows:
- Substantial increase or decrease of income
- Involuntary job loss
- Additional children who require support
- Relocation to a new location that has a higher or lower cost of living
- The party paying alimony suffers a disability or incapacitation
- A recipient’s reduced need for support
- Early retirement
- Remarriage of the recipient spouse
In the majority of cases, remarriage automatically terminates alimony because it is presumed that the recipient is receiving support from their new spouse. However, this is not always the case so it is imperative to speak to a Washington post-divorce modification lawyer before you stop making payments.
Child Custody and Child Support Modifications
Child custody and child support orders can also be modified once a divorce is finalized. The petitioning parent may establish the following when making this request from the court:
- A substantial change in circumstances justifies the modification
- The modification is in the best interests of the child
- Ultimately, the modification will benefit the child
The Importance of an Official Modification
Even if you have experienced a substantial change of circumstances, it is of the utmost importance that you do not make any changes until you have obtained a court order. If you do, the court will view it as a violation of the original court order and this could have serious consequences. For example, violating court orders could result in you being found in contempt.
Call Our Post-Divorce Modifications Lawyer in Washington for a Consultation
If you need to ask the court to change part of your divorce decree, do not go through it alone. At Bunde & Roberts, P.C., our Washington post-divorce modifications lawyer can guide you through the process and help you prove your case so you obtain the best outcome possible. Call us now at 412-391-4330 or connect with us online to schedule a consultation and to get more legal help.