Post Decree Issues
After a lengthy divorce or APR process, it may seem that court orders are set in stone. However, due to unforeseen circumstances, modification of orders may become necessary. When it comes to real life, things change. And when these changing circumstances arise, Foothills Family Law is here to help.
Allocation of Parenting Responsibilities (APR):
Until a child’s 18th birthday (19th birthday for child support), the court is able to modify many of the orders relating to APR. These may include:
- Modification of the parenting schedule due to the changing needs of children such as school, activities or a desire to spend more time with a parent.
- Relocation of either party.
- Modification of decision making responsibilities due to consistent stalemate or genuine concern about the children’s safety or well-being.
- Child support may require modification as a result of the modification of APR.
Child or Spousal Support:
Child support, and on occasion spousal support, can be modified by the Court. Some reasons for a change may include:
- Significant change in income or employment status of either party.
- In the case of original orders involving multiple children: when any child reaches the age of 19, orders need be modified. Child support DOES NOT automatically go down if there are still any minor children.
- Usually, a change in child support must be greater than 10% before the court will address it.
- Certain spousal support (alimony) orders are non-modifiable (if they are ‘contractual’ in nature). Otherwise, they can be modified if there are significant changes such as new severe disability of either the payor or payee.
As you consider any modification of orders, it is crucial to consult with an experienced attorney who will offer the knowledgeable, rational input you need to move forward. At Foothills Family Law, we are ready and available to assist you in seeking modification of child support, spousal support and allocation of parenting responsibility orders.