Post-Decree Divorce & Custody Modifications

When life changes require adjustments to custody and support agreements

We aim to make every divorce settlement a good fit both for now and in the foreseeable future. However, there are cases when there is a substantial change in circumstances and court orders resulting from a divorce need to be reviewed or modified. Changes in income, employment opportunities and a child deciding their going to move from one parent's home to the other can all lead to a modification of child support, alimony, or physical placement agreements.

For their to be a modification in support or custody, you first need to demonstrate to the court that there has been a significant change in circumstances. This change may have come from:

• Relocation of one or both parents to another city or state
• Change in employment, job loss, or significant change in income
• The changing needs of your children as they age
• Problems with the former spouse (or new significant other) that are potentially destructive or distracting to a healthy life for the child.

It's important to understand that the requirement of a "significant change in circumstances" is typically not taken lightly by the courts. While attorney Gaworek is always happy to review a potential change in custody or support, the following things are typically NOT considered to be a substantial change:

• Ex spouse's earnings have changed either temporarily, or not enough to justify a review in support
• Ex spouse has been taking kids more for a short term (over the summer or other extended break)
• Ex spouse has not kept up on current support arrangement (not receiving the agreed upon amount in support is NOT a justifiable reason to keep the child from the other parent)

Enforcement of Child Support, Custody or Spousal Maintenance Orders

Enforcement of family law orders can take time, so it's best to contact me as soon as possible if your ex-spouse is not following the court orders. It's not that we can take action immediately, typically the first step is just to start making records to show the court what is (or more often is NOT) happening. Each of these situations is handled a bit differently, call my office if you have any questions about the enforcement of a court order.