Ledezma Law Firm Specializes In Family Law
Alimony, Child Support and Custody Modifcations
It is very common after dissolution proceedings for a former spouse to file a petition for modification to change the original terms of parental responsibility, child support or alimony. For parental responsibility the courts will modify the original divorce decree if there is a substantial change in circumstances and if the best interest of the child will be advanced by the modification. A substantial change in circumstances must be one that was not reasonably contemplated at the time of the original judgment.
For Child Support modifications, the petitioner must show a change in circumstances or that the child has reached the age of 18. In a similar fashion to child support modifications, a substantial change in circumstances must be one that was not reasonably contemplated at the time of the original judgment. However, the change must be involuntary, material, and permanent.
For alimony modifications, this can result from agreement by both parties or by petitioning the court. The amount of permanent, rehabilitative alimony may be modified but bridge-the-gap alimony is not modifiable. Permanent alimony may be modified based on either a substantial change in circumstances or upon the existence of a supportive relationship. An award of rehabilitative alimony may be modified or terminated based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of it. Durational alimony can been modified upon substantial change in circumstances but the courts are still unclear whether it can be modified based on a supportive relationship.
Call the Ledezma Law Firm, we can assist in properly filing the petition and making sure your change in circumstances are in compliance with the law in order to obtain the appropriate modifications.
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