What is a post-decree modification?

by | May 3, 2018 | family law, Firm News

When a couple in Ohio secures a divorce they emerge from the legal process with agreements or orders that have been approved by the presiding court. Those agreements or orders outline the terms of any responsibilities that the parties will continue to share into their post-divorce lives, such as matters related to spousal or child support, child custody or visitation. With court approval, those agreements or orders carry judicial weight and therefore possible sanctions if the parties fail to comply.

For some post-divorce parties, divorce decrees created at the time of their marital dissolutions stand up to the test of time and do not require changes. However, when circumstances dictate, some individuals may find that they need to modify their divorce decrees to make them workable.

For example, if a parent who is responsible for paying child support loses their job and is no longer able to make their payments, they may wish to seek a modification to protect themselves from the penalties of non-compliance outlined in their order. They may need to appear before a judge to demonstrate the change in their life and why they need the modification to avoid violating the terms of their divorce decree.

Individuals who believe that they would benefit from modifications to their divorce decrees can discuss their circumstances with their family law attorneys. It can be beneficial for individuals to address their changes in circumstances quickly so that they do not fall into arrears on support payments or out of compliance on their custodial expectations. As all legal matters are based on their own facts and circumstances, readers should not interpret this post as a guarantee that modifications will be granted by their courts and no information contained herein should be read as legal advice.