Rhode Island Divorce Modification Attorney
Modifying Court Orders After a Divorce: 401-400-4254
After a divorce is final, significant changes in your circumstances can make it possible to modify your court orders. At our family law firm in Providence, RI, we help clients who are dealing with changes that can and should modify the final decree. We have offices located through the entire state in order to make your visits with us as convenient as possible. No matter what your issue or where you are located, you will have a local option for an effective lawyer available to you.
Our Rhode Island divorce lawyers are known for effective advocacy on behalf of children and families. We can put our more than 30 years of experience to work for you.
Child Custody & Visitation Modifications
Child custody and visitation: Post-divorce, there are many issues that can arise that will affect the court’s orders:
- If one parent moves to another state, the relocation will probably affect custody and visitation agreements.
- When substance abuse or mental health issues affect a parent’s ability to handle the obligations of custody or visitation, the court orders need to be changed. We can also assist with guardianship.
- If the needs of the child change – medical or education needs, for example – there may be a need to adjust custody, visitation, or child support in a post-divorce action.
- When financial circumstances change – a significant rise or fall in income, for example – there may be a need for a child support modification.
Property & Asset Division
Division of marital assets: The divorce is final, but additional property division issues may arise. A post-divorce litigation attorney at our law firm can help you.
- When one party fails to disclose marital assets or is found to have hidden assets, there may be cause to re-open the property division matter.
- A deliberate or unintentional failure to list the full value of an asset can lead to a change in the property division.
- In the business valuation, was all appropriate data disclosed? Was the business valuation fair?
- Has the reorganization of the marital business failed to operate as planned in the agreement?
How to Modify Alimony Payments
When a divorce is progressing, the court is supposed to examine the standard of living both spouses had during their marriage and do what it can to enable both of them to continue living that way after the divorce finalizes. If one spouse made considerably less income than the other during the marriage, supporting themselves and maintaining that standard of living could be impossible. Alimony is ordered to make up for this income gap but it should not put the payer in a form of considerable financial distress.
Financial situations that existed at the time of a divorce may not exist years later. No one can predict their necessary expenses or where their career will take them. For these reasons and more, alimony can be altered with a court’s approval.
The payer may want to decrease alimony if:
- They lose their job.
- They receive a pay decrease.
- Their ex-spouse finds gainful employment.
- Their ex-spouse remarries.
The spouse receiving alimony may request an increase if:
- They are fired or terminated unexpectedly.
- They suffer a serious injury or illness with costly treatments.
- They experience a rise in monthly rent.
Modifying Child Support Agreements
The court values the safety and wellbeing of children above all others when it comes to divorces and related orders. Unless there is a clear, valid, and pressing reason to decrease child support payments, the court will resist and likely deny any petitions to do so. Contrarily, if there are reasons to believe that an increase in child support payments each month will benefit a child’s livelihood, the court could be convinced to allow it.
Child support may be increased if:
- Custodial parent loses their job.
- Custodial parent falls ill and cannot work.
- Noncustodial parent earns a pay increase.
- Cost of child’s necessary care increases.
Much of the same reasons for reducing alimony apply to child support reduction petitions, such as unexpected job loss or the remarrying of the custodial parent.
Need to Change a Divorce Agreement? Call Today
Your divorce decree is not engraved in stone. When circumstances change or when the court’s orders need to be changed, we can help you petition for these changes. If you are contesting a change, our Rhode Island divorce attorneys can also work to challenge any proposed changes.
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