Often times, once a divorce has been ended and the terms are set, the situation that was present at the time of the case is very different years later. While the circumstances that decided the terms were relevant, they now no longer fit the current regulations. A change may be sought and this should always be done through the court. Modifications are the legal change, by order of the court, to terms in the divorce such as spousal support or child custody. Through this, either party can seek an adjustment, whether they are looking to have payments raised or lowered, or to have more or less custodial responsibilities.
If both parties can agree on the change being made, the judge is likely to approve it and pass it through fast. If there is a disagreement then the judge will need to review the case and the new changes. They will want to see that there was a change in the circumstances that warrants the adjustment be made. This can be the loss of a job for a person that pays spousal support, or it may be the increase in the needs of a child. One parent may prove their responsibility and following that, seek to gain additional custody or visitation rights with their child.
Modifications should be sought sooner than later so that those who deserve one are not left dealing with the situation longer. This can take a financial toll when a person has no steady source of income after losing a job but is still being ordered to pay support. In order to gain a modification, especially when your former spouse is in opposition to it, the case needs to be presented as persuasively to the judge as possible.
Learn more on our site or call and speak with a Roseville divorce attorney at the Law Offices of Frank F. Ali.