It is not uncommon for an ex-spouse to want to make adjustments to a previous decree regarding the issues of support and custody. The ex-spouse that is looking to make adjustments to the decree must prove a substantial and continuing change of circumstances. Some of the circumstances that must be substantial include relocation to other state, issues with the care of the child, striking change of income.
Modifications and Change of Circumstances
Even though the custody terms are conclusive, they are not set in stone, there is a possibility for the agreement to be changed. The court order for a change in most states is known as a modification. It is possible to pursue a modification any time after the last order.
However, it is important to remember the ex-spouse that has the want to change the decree must provide proof of substantial change of circumstance that has taken place since the original order.
If there is no proof of substantial change of circumstance, the court will not approve the change even if they agree that the modification is in order.
Preparation for Modification
When preparing for a modification, the divorce lawyer Miami will advise about the steps you should take. It is important for a reasonable amount of time to pass, have all the issues relating to your children both financial and custodial to be in order prior to being subject for a modification. It is mandatory for the court to have means of handling the changes in circumstances.
During the waiting period, it is crucial to be on your best behavior in order to improve your chances for modification. Generally, it is important to aim to be a model father, by taking effective supportive interests in all aspects of caring for your children. Missing payments or late payments can damage your case for the modification.
When having model behavior, this increases your chances for a modification. This is specifically true if the mother of the children has not had a model behavior with high standards.
It is important to keep in mind that your good behavior should consist of a sincere attempt to resolve any controversy or grievance appropriately by comparison. Do not jump into court stating premature or comparatively minor complaints. The sympathy of the court may lie with the opposite side of the courtroom if you present yourself to be reactionary.
A petition to modify may be in order if the civil approach has not worked.