Rhode Island family law recognizes that people's live change.When changes occur, the terms of a divorce decree or court order may need to change as well.
The loss of a job, a move out of state or a significant increase or decrease in income can all make court orders that were originally fair seem unreasonable. In certain situations, the law provides a way to make changes to the terms of your divorce through post-divorce modification.
Our divorce and family law attorney Amey F. Cardullo helps people whose lives have changed modify the terms of their divorce. They will file a motion to modify the original decree or court order so that it accurately reflects your current circumstances. If you would like to discuss a divorce modification, please contact the Family Law Center to arrange an initial consultation.
Not every court order related to divorce and family law can be modified. If you or your child's other parent have experienced a substantial change in circumstances, however, you may be able to obtain a modification to court ordered child support or visitation. In certain circumstances, alimony and property settlement agreements can be modified as well.
The court decides what is and is not a substantial change in circumstances on a case-by-case basis. Following are some examples of changes that are typically accepted by the court:
In any kind of divorce modification, it is important to speak to an attorney as soon as possible. Why? In most cases, modified court orders are retroactive only to the date of the filing, not to the date of the change in circumstances. That means, if you lost your job and quit paying child support for six months before seeking a modification, you will still owe child support for the six months after you lost your job but before your attorney filed for a modification.
Do not rely on an informal agreement with your former spouse. Even if he or she agreed to accept less child support while you were unemployed, the court will hold you responsible for paying the full amount unless the court order is modified.
If you are unsure about whether or not you need a post-divorce modification, it is always wise to speak to an attorney. At the Family Law Center, we offer an initial consultation to answer your questions, outline your options and put your mind at ease. To discuss your concerns, please call (401) 849-9950 or contact us online.
Our attorneys file post-divorce modifications for clients in Newport, Middletown, Portsmouth, Bristol, Jamestown and throughout Rhode Island.
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