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A post-decree modification is any sort of modification of an order that was issued in a divorce or custody proceeding and can encompass visitation, custody, child support or spousal support. The most common issue surrounding a post-decree modification is child support or custody. The method of obtaining a post-decree modification is to file a Motion to Modify whatever aspect of your current order that you would like to change. A hearing will be set and in the event that the parties can’t reach an agreement on the modification, the Court will hear evidence from both parties and decide whether or not a modification is appropriate.
Why You Might Need a Post-Decree Modification
As your life circumstances, and that of your former spouse, evolve and change, so too may your needs in terms of your divorce settlement.
There are several aspects which may need to change over time, including:
- Spousal support: You may need alteration due to changes in financial status of either party.
- Child support: Your child may have unforseen expenses, such as private school, medical challenges, or extracurricular activities.
- Alternately, the custodial parent may have a change in financial status.
- Child custody: Most frequently, these agreements would need to be altered in the event of one parent moving and making the existing parenting schedule impossible to maintain.
There are many reasons why a couple may want a legal separation but still want to remain married, including but certainly not limited to marital problems that one or both parties hope may eventually be resolved, for insurance purposes, etc.
If you would like to modify an existing support or custody order in the Greater Columbus area, contact Dailey Law Offices’ experienced Hilliard post-decree modification lawyer today for your initial consultation.
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