Post-Divorce Modification Aid in Searcy, AR
30 Years of Experience
Personalized Service
Under Arkansas law, a modification to a divorce decree requires a material change of circumstances. These cannot be changes that occur in the normal course of life, like relocation, remarriage or new siblings. Material changes are often limited to those that involve criminal activity by a parent or new step-parent. If your child is in danger when he goes to visit his other parent, we need to talk about the danger and whether that could be a material change of circumstances. The difficulty of modifying divorce decrees is the primary reason that the original divorce decree must be done well in the first place.
Trusted Legal Counsel for Modifications and Contempt
Once the dust settles after a divorce, life may change dramatically. However, when children are involved, you may remain bonded to your ex.
In the years to come, the needs of all parties, children and former spouses alike, evolve. Whether one of the spouses can no longer work due to an illness or an accident and there is a loss of income, or the needs of the children change, there may come a time when the divorce decree may need some modifications. That's when you need a good lawyer on your side.
At Carla Fuller Family Law, our award-winning attorney and personalized service will aid your fight for or against post-divorce modifications in areas such as child custody, child support, or spousal maintenance.
If you seek a modification to a divorce decree or another family law order, it's vital to seek it out before you're unable to comply with the existing one. You don't want to be in Contempt of your divorce decree and risk fines or jail time. You may need to prove that there's been a substantial change in your circumstances, and our legal team is available to help you make your case.
Examples of Material and Substantial Changes
One example that may lead to a post-divorce modification is if you as the non-custodial parent were paying child support to the custodial parent (your ex-spouse) and you lost your job, you could ask the court to order a reduction in your payments. If you cease to pay child support, the result is you will be in arrears and subject to enforcement actions. It's important to request a modification instead.
Another example is if your child is diagnosed with a medical condition or learning disability that requires treatment, increased payments by the non-custodial parent may be needed.
Should a non-custodial parent get behind or in arrears when it comes to support payments, the custodial parent may not withhold possession and access rights. In cases where access rights and possession are withheld, this does not entitle the non-custodial parent to stop paying child support.
Limited Circumstances to Request a Modification
Modifications to child custody or a visitation schedule may be requested under limited circumstances. Typically, you must establish that there was a material and substantial change to the situation, and that it is in the best interest of the child or children.
You may also request a modification if you can establish it's in the child's best interest and either the child is at least 12 years old and wants to tell the court they want the change or the custodial parent volunteers to relinquish primary care and custody to another party.
Property Distribution and Spousal Support
Modifications are rarely made to a divorce decree when it comes to distribution of property; however, if one party fails to comply with the decree about refinancing the home, or turning over specific property, then he or she could be held in contempt of Court. In some post-divorce scenarios, when a former spouse has failed to turn over property items, or to pay court-ordered spousal maintenance, I can aid you in enforcing the division of property.
Paternity, Custody, Child Support and Visitation
Not all children are born to married couples. When you have children born out-of-wedlock, you have a lot of the same issues that divorce cases have, but there are some special twists. I have been handling these special custody cases for 30 years and I have experience determining paternity, negotiating the best custody arrangement, calculating child support and coordinating appropriate visitation specific to your situation. If your son is 4 and he has never met his dad, visitation needs to start slowly and build as the relationship develops. Whether I am representing the parent who has been there, or the one who has been absent, I will work toward the best interest of the child, and I will work with other professionals (therapists, doctors, school) to prove to the Court where best interest lies.
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