Birmingham Divorce Modification Lawyer
In the years following your divorce, you may find that the original terms ordered do not work as well as they once did. Your situation may change and over time, the original decree may need to be modified. Under state law in Alabama, you have the right to alter your agreement or orders through the same court that issued it. Modifying a divorce order is always challenging. Our Birmingham divorce modification lawyer can help you overcome the challenges these cases present, so you have the best chance of a positive outcome.
Why it is Important to Go Through the Courts
You may find that after your divorce, it is easier for you and your former spouse to communicate. When you have an issue regarding child support, child custody, or alimony and need to make a change, you and your ex may informally agree to make certain changes. It is important to know that these agreements are not legally binding. Either side can violate these agreements and the other party would have no legal recourse. It is for this reason that it is important to go through the court system and make any modifications official and legally binding.
Modifications Require a Substantial Change in Circumstances
You may feel as though a final order issued by a judge is unfair or inconvenient. These are not enough reasons to modify an existing court order. To successfully modify an order, you must show that there has been a substantial change in circumstances. There are many different scenarios that can constitute a substantial change in circumstances, but some of the most common include:
- Job loss, which could result in an inability to pay child support or spousal support
- A promotion, which could result in increased child support or spousal support payments
- A disability that prevents someone from working or caring for their children
- The remarriage or cohabitation of a recipient of spousal support
When stating that there has been a substantial change in circumstances, you must also prove your case. Evidence such as past and current pay stubs, applications for new positions of employment, and medical bills can all help prove a need for a modification.
What Terms Can You Modify Post-Divorce?
The most common terms that are modified through a post-divorce decree are as follows:
- Child custody
- Child support
In most cases, matters of property division cannot be modified after the fact. Still, it is worthwhile to speak to a Birmingham divorce modification lawyer who can advise on the facts of your case and determine if you have grounds to ask the court to modify an existing order.
Call Our Divorce Modification Lawyer in Birmingham Today
At Peeples Law, our Birmingham divorce modification lawyer can analyze your current situation, including any court orders that are currently in effect to determine if there is a need for a change. Our seasoned attorney will also help you through the entire process so you have the best chance of success. Call us now at 205-403-5577 or contact us online to schedule a consultation.