QUESTION
Can you change the determinations made in a divorce if circumstances change? How?
Asked on Jul 08th, 2015 on Divorce - Wisconsin
More details to this question:
If someone uses the same divorce attorney and the divorce becomes final, can the terms be changed later? For instance, they said they would share custody of the children, but every time it's my brother's turn to have the kids for the weekend, his ex-wife comes up with a reason why she needs to keep them. Can he get custody in writing even though the divorce is already final? Also, his child and alimony payments were determined on his last two years of work. He has since lost his job and the ex-wife makes more than he does. Can you and how do you adjust the required monthly payments? He "owes" her $5000/month but doesn't have a job. How is he supposed to pay this? Thank you for any help you can provide. Signed, a worried sister.
9 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If the parenting plan says he has the kids and she doesn't produce them, he needs to file a motion for contempt. To make any changes in the alimony and child support he has to make a motion to the court to show why he can't pay as ordered.
Answered on Jul 09th, 2015 at 12:45 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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He need to hire an attorney and file for a modification. If she no longer needs the alimony, it may be possible to either reduce or terminate it. As for timesharing with the children, there should already be a schedule in place that she is supposed to abide by. If she's not, then we could file for contempt and enforcement. If there isn't one, then that would be part of the modification. Everything can get filed and determined simultaneously.
Answered on Jul 08th, 2015 at 2:46 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes, if there is a substantial change in circumstances he can ask the court for a modification. That modification can only go back to the date of service so the faster he files the motion the better.
Answered on Jul 08th, 2015 at 12:52 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Child support, child custody and alimony can all be modified. There has to be a change in circumstances not anticipated at the time of the entry of the Decree. So, in this case, if your brother thought they had agreed on the times he was to have the children and his former wife is not abiding by that agreement, that is a change in circumstances.
Answered on Jul 08th, 2015 at 12:52 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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He needs to speak with an attorney about a Petition to Modify the Final Judgment?
Answered on Jul 08th, 2015 at 12:30 PM
He can go back to court and ask the judge to enforce the agreement. At the same time he can also ask the judge to change the agreement by giving him custody. Taking both approaches at the same time will show his former wife that she needs to comply.
Answered on Jul 08th, 2015 at 12:28 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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File a Request for Orders modifying the previous orders. Child Custody, Visitation, and Child Support are always modifiable based on a change of circumstances. Spousal Support may or may not be modifiable, depending on how it was written in their Judgment. See your lawyer about the needed changes.
Answered on Jul 08th, 2015 at 12:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your brother obviously needs to engage an attorney. If there is an order regarding custody it may be necessary that a new one, with detailed parenting time, be placed into effect. That will require a motion before the divorce court. As to your other question, his losing his job is clearly a change in circumstances and he should be immediately contacting a friend of the court, again most preferably with an attorney, for an adjustment. Until he does so there will be no change and he will continue to accrue the obligation at the previously set rate. Changes in support are not retroactive beyond the date that the motion for change is filed, so he had better get on with it or he is going to be obligated for the original amount currently ordered even though he does not have a job.
Answered on Jul 08th, 2015 at 12:27 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: he should retain an experienced family law attorney. That lawyer will likely tell him that he can move the court to amend the judgment as regards custody and child support. Needless to say, he must have good reasons, and in the case of custody, if a final order was entered less than 2 years ago, he not only has to demonstrate that the change is in the children's best interest, and that circumstances have changed, but also that it is necessary in the children's best interest. An experienced matrimonial lawyer can be of tremendous help in clearing away the cobwebs and helping get changes made.
Answered on Jul 08th, 2015 at 12:23 PM