Existing Orders Can Be Modified When Circumstances Change
While a divorce decree is a legally binding document, provisions pertaining to parenting and support can be modified when there has been a substantial change in circumstance. At the law office of Linda K. Wray in Edina, Minnesota, we recognize that things change and will work with clients on any and all modifications that may arise.
Navigating The Modification Process
Modifications may be unavoidable. At the law office of divorce attorney Linda K. Wray, we help clients get through the process of renegotiating or relitigating their divorce decree as it relates to:
- Child support
- Spousal maintenance
- Child custody and parenting plans
Modifications That Involve Your Children
Divorce or custody modifications that involve children can arise when a child wants to move in with a different parent or if the custodial parent is engaging in behaviors that endanger a child’s physical or emotional well-being. A court may modify custody if it finds that the existing facts are substantially different from the facts at the time of the divorce, that a child is presently endangered and that a modification will serve the best interests of the child.
Parenting time modifications are more frequent than custody modifications. These can occur as children get older and require a new parenting time schedule or when one parent relocates to another state. Before allowing a modification of parenting time, a court must determine that the change is in the children’s best interests.
Linda works with her clients to plan ahead for possible modifications by assisting them with writing in their parenting plan a process for addressing future changes that minimizes conflict and court involvement and maximizes early resolution of the matter.
Modifications To Child Or Spousal Support
Modification of child support or spousal maintenance obligations can occur when one spouse has a substantial increase or decrease in his or her income or monthly living expenses. In order to modify an existing support order, the court must find that it is unfair in light of the change in circumstances.
Linda works with clients and attorneys to resolve post-decree modification of support issues through rigorous analysis of the facts and application of the law to the facts. As an experienced negotiator, she is able to resolve many modification cases out of court.
Modification of parenting issues and support cannot always be resolved without court involvement. If you are facing a modification proceeding, you have the right to be heard. Negotiating the modification is the best route to continue a relationship with your ex-spouse. However, if this is not possible, Linda’s strong advocacy will serve you well in court.