Modifying Divorce & Custody Agreements in Ogden
When a couple divorces, many legal, financial and personal issues must be resolved. However, once these matters are squared, the underlying principles are formally adopted in a legally binding agreement known as a divorce decree. That said, down the line, one or both ex-spouse’s circumstances change, which might prompt said individuals to appeal for alterations to this arrangement known as post-divorce modifications.
Such alterations cannot just be enacted. Such augmentations are subject to a legal process. Kaufman, Nichols & Kaufman, a family law firm serving the residents of Ogden, Utah and surrounding regions, invites our current and prospective clients to read the following short piece describing how this procedure operates.
The Divorce Decree
A divorce decree is a legal arrangement in which pertinent matters involving a parting couple are resolved. Specific issues that might be included in said agreements include:
- Asset allocation
- Debt remittal
- Child support payments
These issues are merely amongst the most common. Specific cases might warrant the consideration of other issues. Child custody is not typically included in a divorce decree. In most instances, a court will have the final say over such matters and render important conclusions geared towards the best interests of a parting couple’s minor children.
Divorce decrees can be adopted through two processes. The splitting spouses can reach an amicable agreement about pertinent matters and adopt their own arrangement. That said, such documentation would still require court approval. However, if the couple cannot agree, a court will be the ultimate arbiter and render all final decisions after considering numerous provisions.
Months or years after the decree enters effect, one or both spouses might wish to modify said arrangements. Decree modifications, alimony modifications and child support modifications might be warranted for any number of reasons. Legitimate reasons may include
- Financial setbacks like job loss or demotion
- Professional promotion
- Unexpected financial windfalls like an inheritance
- Change in health of a child appealing spouse holds physical custody over
Once again, the preceding list are merely amongst the more common reasons decree modifications are asked for. A court might deem many others acceptable.
The Modification Process
If either party wishes to ask for a decree modification, said individual can appeal to the court that initially signed off on the arrangement and ask said adjudicating body for such considerations. The appealing former spouse will be required to notify their ex and fill out the appropriate paperwork with the court in question. Included in this documentation will be the specific reasons such changes are being asked for.
Once the appropriate paperwork has been filed and the pertinent parties have been notified, an adjudicating body will set aside a time to consider the application and render a decision one way or the other.
Contacting an Experienced Ogden Family Lawyer
Obtaining decree modifications, alimony modifications and child support modifications can be a confusing, emotional, challenging and potentially time-consuming process. Ergo, those who find themselves in this position are strongly encouraged to consult with an experienced team of family lawyers. The firm of Kaufman, Nichols & Kaufman can review a client’s case and might be able to successfully guide them through this arduous procedure.
If you need to pursue the modification or enforcement of a court order after divorce, please contact the Kaufman, Nichols & Kaufman in Ogden for a free initial consultation. We will take the time to understand your unique circumstances and determine the best way to present your case so you can achieve the result you want.