Post Decree Modifications

Jonathan Fogel can help mediate even after their decree is finalized, if that is necessary. Post-decree modifications usually involve issues of child support, spousal maintenance, child custody, parenting time, or property division. An order can be modified upon showing a substantial, material, and permanent change in circumstances. This will normally be the result of a change in income or living situation of one or both parties.

Not all decrees are set in stone and changes can be made to accommodate changes in circumstances.

Custody Modification involves showing evidence that circumstances have changed from the time the original or custody order was issued, and that the change endangers the child’s physical or emotional health or development.

A modification of child support must requires demonstrating that the terms of the order are unreasonable and unfair because of one or more of the following:

• Substantially increased or decreased earnings of either party;
• Substantially increased or decreased needs of either party;
• Receipt of public assistance;
• A change in the cost of living for either party;
• Extraordinary medical expenses of the child;
• A change in the availability of appropriate health care coverage;
• The addition, or elimination, of work-related or education-related childcare expenses; and
• The emancipation of the child.

A modification of a spousal maintenance order must be based on demonstrating that the order is unreasonable and unfair based on one of the following factors:

• Substantially increased or decreased earnings of either party;
• Substantially increased or decreased needs of either party;
• Receipt of public assistance;
• A change of in the cost of living of either party