While divorce agreements can sometimes be modified under Louisiana state law, convincing judges to make changes can be complicated, especially if your ex-spouse is pushing back against the changes you wish to make. Adjustments to your divorce agreements are often called post-decree modifications and can be accomplished with the help of an experienced family law attorney.
Why Modify Your Divorce Decree?
Changes happen naturally over time, motivating your desire to modify your divorce agreements. There are many ways that the life circumstances, needs, and desires of all parties involved – including the children – might change in the years following a judge’s initial decision in a divorce case. In addition, the character and attitudes of individuals often fluctuate, affecting their willingness to comply with or condone original divorce decrees. In light of this, asset divisions, custody arrangements, and spousal and child support decisions may sometimes be adjusted or amended.
- One or both of the parties did not do something they agreed they would or did not follow through with the court’s final order(s) in one or more respects;
- The parties themselves come up with an arrangement that differs from what is reflected in the decree;
- A significant change in circumstances has happened; or
- Something crucial is missing from the original decree.
How Can Child Custody Agreements be Modified?
- There’s proof that a substantial change of circumstances has occurred since the time of the original custody order.
- There’s proof that the change in custody is in the best interests of the child, since Alabama operates under the best interest of the child standard.
- There’s proof that the benefit resulting from the change will outweigh any harm.
How Can Alimony and Child Support Agreements be Modified?
Alimony and child support are two other areas where many people seek post-decree modifications. Normally, judges will allow a change in the amount or duration of alimony or child support agreements if circumstances have changed from the time of the original spousal support award, according to DivorceNet. Usually, this kind of modification is considered if and when there has been a significant and unforeseen change in one spouse’s income. For example, a judge might lower or suspend alimony payments if the paying spouse involuntarily loses a job and while trying to find employment, can’t afford to pay support. However, changes in alimony agreements – like all post-decree agreements – will be carefully scrutinized by judges to make sure the adjustment is fair.
What are the Next Steps?
There more areas besides alimony and custody where divorce decrees can be modified.
- Do you need to make post-decree modifications in Baton Rouge, Louisiana?
- Are wondering what modifications are possible under Louisiana law?
- Do you need legal support fighting back against a modification that your ex-spouse is proposing to the courts?
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