Bad deal? Modify or appeal

    Second-guessing is human nature. It’s also a nagging part of the divorce process. And sometimes the questions about the final results and conditions of a marital dissolution are justified.

If after the divorce is granted, you believe you got a bad deal, you do have some options. 

MODIFICATIONS

Regardless of whether your divorce issues are settled by both parties or determined by a court, sometimes things change. In these cases, you can seek modifications to the settlement terms or court orders.

The key in seeking any modification is to show that there has been a change in circumstances.  Post-divorce decree modification requests typically center on child custody and/or support, both for the minor children or an ex-spouse.

There is no firm, universal standard as to what constitutes a change of circumstances. The legal standard generally is that the changes be “material and substantial.”  However, some common situations that courts typically hear in modification requests include:
       
         *    Relocation, especially to another state.
         *    Other matters that are “in the best interest” of the child or children.
         *    Loss of job.
         *    Increase or decrease in income.
         *    A change in one of the party’s health.
         *    Unsuitable environment for the children, both in the custodial setting or during visitations with the noncustodial parent.
         *    Unforeseen expenses, such as emergency medical expenses.
         *    Substance abuse by one of the parties and/or his or her associates. 

These situations can affect either party. For example, the former spouse making payments might find that the change in circumstances means that he or she can no longer afford the amount of support payments previously ordered. Or the custodial spouse might show that visitation should be limited because the noncustodial parent is exposing the children to inappropriate situations.

If you find you have grounds for seeking a modification order, contact your attorney to begin the process. Some lawyers specialize in divorce decree modification orders.

Note, however, that in most jurisdictions, even if a change in circumstances is proven, any court-ordered accommodations to the change will be prospective, not retroactive. That is, any support new amounts or rules governing the divorce will take place when the modification order is entered and will not address any issues encountered before it took effective.