Divorce Modification

So what do you do to modify divorce?


A divorce decree can be modified in certain circumstances. Those are to increase or decrease child support and to modify visitation. This is done by filing a petition with the court to have the specifics of the divorce decree modified. There can be no modification of property settlements after 30 days from the divorce judgment. So if you have a property issue to change you will have to “negotiate” the change rather than expect the court to make the change for you.


Child visitation That – child visitation is one of the areas in the divorce group or the decree can be modified. Courts in Alabama in an effort to control the specifics of the station have is a policy set forth what they call “Standard Visitation”. This is somewhat standard, varying from county to county, and to the personal preferences of the judge who hears the case. Generally speaking, for the noncustodial parent it amounts to first and third weekends from 6 PM Friday to 6 PM on Sunday, with a month during the summer months; alternating Thanksgivings; with a week at Christmas. This week at Christmas is usually from 3 PM on Christmas Day to 3 PM on New Year’s Day. The custodial parent usually has the rest of the time unless there are other specifics covered in tailoring the visitation to your specific family needs. That does not mean that there cannot be variations in via station just that this is the starting point between the parties.


Child Support – child support can be adjusted up or down as the parties may agree. Justice JavaStation has been affected by court policy, child support, has likewise been affected by certain guidelines. Alabama, like other states in the union, has adopted the “Uniform Child Support Guidelines”. The specifics of child support or calculated according to what you and your former spouse making will make over the minority of your child or children. The calculation does not include what may be the income of a current or future spouse. Roughly speaking is based upon a percentage of your income is to the total joint income, with reference to a table of basic support. (This is much like a tax table which shows you how much income tax to pay.) There are certain additions and subtractions depending on who carries health insurance and if child care is paid, but after the calculations are done a child support figures reached. There are many websites you can go to calculate your child support, but that is not the purpose of this article. How to negotiate your child support is what is missing from the mix. There are certain approaches that can be taken to make the process easier hard. These are things that will not be revealed and “just the numbers”.


Child custody That – child custody can be changed during the majority of the child. There are many factors which are relevant to custody and whole books have been the subject of a variable wall. Changing custody is probably the most challenging of all areas of domestic law. This is also one area the law where you will need a good strategy to meet the needs of change. If you think you have an ironclad case for change or that you may lose custody because of of change you owe it to yourself to talk with me about the specifics of your case. There are certain things that you can do and should not do which may affect your circumstances. Most cases are lost before they are ever in the courtroom this is one place in your life that you need someone experienced so call me… You are not alone!


There are many modifications that can be made to child visitation, child support and child custody. How to vary the visitation, custody and support are one set of issues. More importantly, developing a working relationship between the parents and the children are equally important. I believe that getting through the divorce is just part of the problem, surviving the process is the real goal. There are many things I can share with you in that matter. This may be your first divorce, but I’ve been through hundreds, and I’ve seen just about every way that people behave in this difficult human endeavor. You owe it to yourself to call me and discuss your specific problem. And don’t let the possible expense to deter you from making the call… Not making the call can even the more expensive.


So you have your divorce decree and things have changed. There many reasons for changing the terms of your divorce decree – you’re not getting your support, your income has changed; the visitation is unworkable; the child is starting college. These are only a partial number of reasons to change her divorce decree. The point is your decree can be changed. The only thing that can’t be changed is you dispute over property. For that you will need to negotiate a change of possible. How to do that is another topic.


The best thing to learn about making a change in the terms of your divorce is to know you don’t have to get adversarial with your former spouse. There is no need to get into a fight. Knowing how to negotiate to get what you want is one thing. Getting them to consent to the change is another. What most people don’t know is that you don’t have to both “lawyer up” to get things done. If there is a mutual agreement a joint mutual modification may be the way to go. That means that both parties consent to a joint petition to modify. Working through the personalities and issues take skills not necessarily learned in law school though it takes those skills to reach that ultimate goal in this position. It takes more than just the legal knowledge to resolve the issues. It takes someone who has “been in the trenches” and knows how to persuade the party opponent who is your spouse. This persuasion often must occur in the presence of their lawyer and takes someone who knows how it is done. It is often done so subtly and in such a way that no one knows that it is going on but you and your attorney.


This is really a lost art. It is not taught in law school and only is achieved by many years of service.


Of course if you can agree and many can’t, “a petition for modification” must be filed to demonstrate to the court that the circumstances have changed and the decree needs to be modified. The key here is to show that there has been a material change in circumstances that affect the child or dictate that child support should be increased or decreased accordingly. In any event it is necessary to have the documentation to support your claim for modification.


Call me to discuss the specific details of your situation. You may be surprised as to what you learn.