The term “post-decree modification” broadly refers to any modification of the initial or current orders in your divorce or child custody case after they have been entered. The most common types of post-decree modifications pursued involve parenting time, child support, decision-making responsibility, and spousal maintenance.
Post-decree modifications can be challenging to obtain. It takes more than just a desire to change an existing order—it takes the right set of circumstances to warrant a modification. More importantly, just because there may be legal grounds for a modification does not necessarily mean that the modification will be obtained. Parties seeking modifications must not only make specific arguments based on current circumstances , but must also exercise caution because pursuing a modification without an appropriate legal or factual basis risks sanctions by the court and limitations on the ability to seek other modifications in the future.
So how do you know whether the change you want to make checks all the right boxes? You consult an experienced attorney. At Boschert Law LLC, we have extensive experience guiding our clients through the maze of post-decree modifications. We will help you understand how the gains of the changes you are seeking size up against the potential risks and costs of pursuing them, and we will make sure to explore other options for resolving your disputes and achieving your goals. Sometimes this means a new trial, but more often we can find a way to help you without the time, stress, and expense of a new trial.
If you need help pursuing a modification of any aspect of your current court orders in your divorce or child custody case, please contact us today to schedule a free consultation. We can help set you on a new path in your life.