Tag Archives: Divorce Modification

Considerations for Divorce Modification & Enforcement

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Most family law practitioners know that divorce is often not the ending.  Post-divorce modification and enforcement actions can cause a case to continue on indefinitely.  When a modification is being contemplated, there are several factors to consider, including:

Type of Modification

There may be a variety of modifications that may arise over time.  An award of spousal support may need to be adjusted based on a disability or change in income.  Child support may be increased or decreased due to change in family circumstances, income or expenses.  Child custody or visitation may be modified because of a change in the child’s preferences, relocation or other circumstances.

Court’s Authority

Both parties must consider the authority of the court.  State law may limit when a modification action can be heard by the court, such as once every three years unless there is a material change.  Child custody decisions are based on the child’s best interests, which may evolve over time.  The court may be unable to hear a case regarding an adjustment in child support if no significant changes have occurred.

Jurisdiction

Typically, the court that sets the original order retains jurisdiction of the case.  However, if the parents move, the state may relinquish jurisdiction of the case and new rules could apply.

Desired Enforcement Mechanism

If one party is not complying with the court’s order, the other party may need to consider what type of enforcement action he or she is looking for.  For example, if the party is refusing to pay child support, attempting to get that parent locked up may not serve the other party’s interests.

Agreement

In some cases, both parties may agree that a change may be necessary.  Rather than having to fight through litigious hearing, the parties may agree to participate in mediation or arbitration so that they have a greater say over how their legal dispute is resolved.  Both options provide substantial benefits.

Divorce Modification and Enforcement Mediation

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There are many times when a former couple must rely upon a mediator to help modify a divorce order.  Some examples include:

Change of Spousal or Child Support

A change of spousal support or child support may be necessary when one of the spouses changes jobs.  The income figured used to calculate the proper amount of support may be changed due to this recent development.  Other reasons may arise that call for a modification, such as when the supported spouse gets married or becomes reliant on a romantic partner.

Compliance

Sometimes there are orders made to the parties that extend past the divorce date.  For example, a spouse may be ordered to pay certain expenses.  A spouse may have been ordered to refinance the house in his or her own name but not be able to after the fact.  Mediation allows the parties to work out solutions to these common post-divorce issues.

Change in Parenting Time

As children get older, their needs may change.  They may become involved in extracurricular activities and need the plan to adjust so that they can attend these functions.  They may also prefer to spend the night at a friend’s house instead of at the non-custodial parent’s house.  Mediation can help reevaluate what adjustments can be made so that the new agreement better serves the family’s interests.

Relocation

Custody agreements can remain in effect for years.  However, there may be changes in a person’s life that occur during this time, such as getting a new job that requires relocation.  When a parent moves to another city or state, the impact can be significant on the custody plan.

Decisions

The parents may encounter a decision in which they come to an impasse.  This may be a decision regarding which school the child should attend, a healthcare decision or a decision regarding religious upbringing.