Post Divorce Modification

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A marital dissolution is handled by the court through a proper legal procedure. Often, the case is solved by mutual adjustments between the partners. Sometimes, if the partners fail to reach a conclusion regarding property division and alimony issues, the court orders the division and support according to the jurisdiction, and presentation of the case. If the conditions of the respective partners alter due to natural or situational factors, then the post divorce modification is needed.

A change in circumstances of the divorced partners can lead to a court ordered modification. No formal definition of a 'change in circumstances' exist. The following examples might fulfill the meaning of this term.

• Unforeseen costs like medical expenses
• Unsuitable ambience for children
• Loss of employment
• Increment or decrement in earnings
• Relocation (specifically to another state)
• Alcohol or drug abuse or use

Post Divorce Modification of Child Custody

Usually, this issue props up when either parent is posing a hazard to the child. For instance -

• The parent is exposing the child to an unhealthy or dangerous atmosphere
• The parent is relocating out of the state and simultaneously carrying the child with him/her
• There is an alteration in the work schedule of the parent due to which the other parent's rights are being hampered

The foremost factor that must be kept in mind regarding the modification of child custody is, 'the best interests of the child.' Sometimes, the changed conditions like new school, or inability to adjust with new family, may lead a child into frustration and subsequent problems. At such time, non-custodial parent can apply for the custody.

Post Divorce Modification of Spousal Support

The role of the lawyer regarding this topic can be differentiated into two regions.

• Filing a petition in the court for termination, decrement or increment of spousal support
• If a partner is served with a petition for alteration of alimony, then to represent such a partner

The factors that have an impact on this topic are as follows.

• Is there a considerable and continuous alteration of circumstances that are affecting the capacity of the obligated partner to disburse the support amount?
• Was the spousal support ordered by the court or was it acceded to between the partners seeking divorce?

How mediation is important in Post Divorce Modification?

Let us understand this topic by means of an example.

Mathew and Jennifer reached the following terms of an agreement and divorced each other.

• Jennifer would get child custody
• Mathew would pay her child support

While the children were in school, the child support amount was adequate for Jennifer for the household costs. Her part-time job enabled her to buy a car and enjoy a vacation. After a decade, the youngest child graduated from school and the child support amounts stopped. During this period as she had raised the children, she lacked a career. Now, that the child support had been terminated, her future looked bleak.

Mathew and Jennifer had an excellent post divorce relationship, and had proved that they were excellent parents. So, Jennifer did not want to hire a lawyer against Mathew to obtain spousal support. So, she spoke with him regarding her situation. Mathew sympathized with her, but felt that she was responsible for not becoming financially independent.

At this juncture, both opted for mediation as an alternative to filing a petition in the court. The mediator suggested that Jennifer should attend a job training that would lead to a lucrative career. Until she become stable in her career (the agreed duration was of 5 years), Mathew should disburse her spousal support. This provision of short-term support was agreed upon by Mathew. Jennifer also had a dream of becoming financially independent and hence, she endorsed this plan.

In this manner, mediation can prove to be very efficient in alteration of terms post divorce.

Other Aspects of Post-divorce Modification

It is necessary to recognize the other consequences of post divorce modification. If the partner is physically disabled or becomes mentally unstable to take care of the children, the custody is hand-over to other parent. The effects of post divorce modification can be of various types. The other partner may have a disturbing effect on the financial situations, if the spousal support or child support has been increased. Also, the changes may lead to a conflicting relation between parents. Therefore, it is advised to have post divorce modification through mutual understanding between partners.

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