Indianapolis Post-Divorce Modification Attorney
Divorce is a stressful process that doesn’t always end when the divorce decree is issued. If certain circumstances change, one ex-spouse can take the other back to court for post-divorce modifications.
At Trapp Law, LLC in Indianapolis, IN, our family law attorneys have significant experience handling post-divorce modifications. We know what is at stake in family law cases, and we are committed to protecting your best interests. Our firm offers a free and confidential initial consultation. Contact us if you or your ex-spouse is seeking post-divorce modifications.
What Can Be Modified after a Divorce Decree Is Issued?
Modifications can be obtained when there is a substantial change in circumstances after the court issues a final divorce decree. Most courts will not consider modifying an original property division in a divorce. However, it is possible to obtain modifications to orders concerning:
- Child support
- Spousal maintenance
- Child custody
When Can Child Support or Spousal Maintenance Be Modified?
Child support and spousal maintenance orders can only be modified when the parent requesting modification can show a substantial and continuing change in circumstances that makes the existing order unreasonable. Spousal maintenance modification is most commonly requested to reduce the amount of spousal maintenance paid or to terminate payments entirely.
For child support orders to be modified:
- The current order must have been in place for at least one year; and
- The proposed new order must increase or reduce the amount of child support by more than 20 percent.
When Can Child Custody Orders Be Modified?
To obtain a modification of a child custody order, a parent must show a substantial change in one or more custody factors since the last order was entered. The parent must also show that the proposed modification would be in the best interest of the child.
What Is Involved in Child Custody Modification for Relocation?
A different set of rules applies when a custodial parent wants to relocate with the child. The parent who wants to change residence must file a notice with the clerk of the court and provide the other parent with the opportunity to object. Either parent may request a hearing to modify current custody and parenting time orders based on factors that may include:
- The distance involved in the relocation
- Hardship and expense the relocation will cause the other parent
- Feasibility of preserving the relationship between the non-relocating parent and the child
- Reasons for and against relocation
- Whether the relocating parent has engaged in conduct obstructing the other parent’s rights
- Any factors that may affect the child’s best interests
When Do You Need an Attorney for Post-Divorce Modifications?
Support orders, child custody, and parenting time are not enforceable by statute and are not final after a divorce decree has been issued. When major life changes occur, do not hesitate to seek modifications if necessary to make these orders more reasonable to accommodate changes in circumstances.
Post-divorce modifications can be complex cases, particularly when they involve relocations. Our experienced Indianapolis family law attorneys at Trapp Law, LLC understand that no two cases are the same and develop creative and custom solutions for every client. We strive to deliver very high quality, affordable legal services. Call us to schedule a free consultation if you or your ex-spouse is seeking post-divorce modifications.