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Modifications
Frequently, after a divorce judgment has been entered, circumstances change and it may be appropriate for a divorce judgment to be modified. Smith, Smith, Blonska & Strunk, LLP, knows when a modification is appropriate and when it is not and how best to proceed with the court.
What Kind of Things Can Be Modified?
- CHILD CUSTODY: Many things can require modification of the original parenting plan. Modifications may be needed, for example, when one of the parents is moving away from the local area, one parent is unable to continue providing care, there are parental alcohol or drug problems, or employment scheduling interferes with the ability to be with the children.
- CHILD SUPPORT: Some of the things that may give grounds for modification of child support include a change in the respective earnings of the parents, a change in the amount of time a parent spends with the children, one of several children reaching the age of majority, or any other matter which impacts on the finances of the parties or the share of time each parent has the children.
- SPOUSAL SUPPORT: Grounds for modification include a change in the respective earnings of the parents, the length of the marriage compared to the length of time spousal support has been paid, new sources of income, re-marriage of a spouse, etc.
- DISTRIBUTION OF ASSETS/OBLIGATIONS: Usually these matters are final after the judgment. However, sometimes an asset was not included in the original judgment, or the judgment anticipated something to be done with respect to an asset or obligation--for instance, distributions of pension plan benefits, or proceeds from the sale of a home.
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