Connecticut Divorce Modification
You longed to hear the words: “The divorce is final.” The closure allowed you to move on and begin the life you’ve created. But sometimes, as your life and your children’s lives change, you may need to make some adjustments to your divorce decree. Or, perhaps your spouse isn’t following the divorce order.
Sometimes Post Judgment issues can be resolved through negotiation, and mediation and collaborative law are good options to consider. Other post-divorce concerns are addressed in litigation by filing motions with the court.
Common Divorce Modification Issues
- One parent wants to relocate.
- A former spouse’s remarriage or cohabitation with a new partner.
- An ex-spouse’s income increases or decreases significantly.
- A parent doesn’t pay child support.
- An ex-spouse disobeys the divorce order and doesn’t pay alimony.
- New evidence came to light after the divorce.
- An ex-spouse doesn’t transfer retirement funds or other property as required.
- The children’s lives and schedules change as they grow.
- An ex-spouse disagrees with the court order.
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POST JUDGMENT DIVORCE MODIFICATIONS
Freed Marcroft has the legal acumen and experience to help you with your Post Judgment needs. Filing a Motion to Modify is a common Post Judgment action. This motion can be used to change a custody and parenting plan, child support, or alimony based on significant life changes. If your spouse doesn’t follow court orders, you can file a Motion for Contempt. A Motion to Open allows the court to consider new facts or evidence that come to light after the divorce. A Motion to Compel is used to request the court require someone to take a certain action, while a Motion to Set Aside may be filed if you don’t agree with the divorce judgment.
Depending on your circumstances, filing motions isn’t always a necessary or even preferable first course of action. If you prefer to reach an agreement rather than litigate, mediation and collaborative law are options to consider. In those cases, we submit the agreement you reach to the court so that it becomes an enforceable court order. There are other creative solutions that may meet your needs and help you move forward without issues. Freed Marcroft’s family law attorneys can explain the ins and outs and put together a legal strategy for you, rooted in your goals.
CUSTODY, VISITATION & PARENTING MODIFICATIONS
Sometimes parenting plans or custody and visitation arrangements need to be changed to keep up with parents' and kids' changing lives. As always, any modifications to a parenting plan must be in the child’s best interests.
Some examples of reasons a parent might file a Motion to Modify custody or parenting include:
MODIFYING ALIMONY AFTER DIVORCE
If the court didn’t order alimony during the divorce, you cannot request a modification Post Judgment. However, if the court did order at least $1 of alimony, you might be eligible to modify alimony. If it was, the next question is whether your divorce decree specifically prohibits changing alimony. If it doesn’t, you can petition the court to increase, decrease, or eliminate alimony when there has been a substantial change in circumstances.
Sometimes a Motion for Modification of Alimony is based on a spouse's remarriage or cohabitation. Freed Marcroft will review your original order and your circumstances to see if you are eligible to modify alimony and advocate for your goals.
MODIFYING CHILD SUPPORT AFTER DIVORCE
Contrary to a common myth, there is no automatic recalculation of child support. You have to file a Motion for Modification to try to change child support. Whether you pay or receive child support, you can request a modification if there’s a “substantial change in circumstances.” For example, a substantial change in circumstances might exist if there is a major change to the parenting schedule, or if you have an illness or disability that impacts your income. The changing needs of the child is another reason for the court to order a modification. Freed Marcroft will dig into your situation and explain your options for Post Judgment child support modification.