modification Archives - Cordell & Cordell

Factors Considered When Modifying Alimony

Men's Divorce PodcastCordell & Cordell family law attorneys Rachel Schmidt and Dylan Briggs join CEO/Managing Partner Scott Trout to discuss the various factors to consider when modifying alimony or spousal maintenance. [Read more…]

The Financial Ramifications Of Remarriage

remarriage Your marriage might officially end when the judge signs your divorce decree, but that doesn’t necessarily end your divorce case.

One party is often ordered to pay spousal support, often referred to as alimony. If children are involved, child support is typically ordered and there are often lingering custody issues to work out. When financial circumstances change, one party might ask the court to modify the amount or duration of the support payments. [Read more…]

Affected parents need to summon courage to ask for child support reduction

Child support payments may be hurting individuals due to the amount of money that they are forced to pay, especially during a time when the economy is down and costs to maintain a family are rising.

According to the Boston Herald, child support payments are usually modifiable, if the process for lowering the amount of money is pursued in the correct manner.

The newspaper reported that one of the ways that parents may be hit harder by the amount of money they pay is because of health insurance costs. Modifications to the separation agreement can likely be made on these grounds.

According to the Herald, the court can retroactively modify child support back to the date on which the spouse is served with the summons, and if the parent contesting the money amount is able to make a case based on insurance costs, the payment can be reduced.

This problem may affect men more than women, as mothers accounted for the majority, 82.2 percent, of custodial parents, while fathers represented only 17.8 percent in 2009, according to the U.S. Census Bureau.

Read Related Article on Child Support Facts

Terrell Owens announces he cant afford child support payments

Child support payments are often levied against fathers following a split, but the amount of money that is requested may sometimes not be near what the man is able to pay due to their current employment situation.

Terrell Owens, a former NFL star wide receiver, could be one of these fathers, as he has asked a judge to lower the amount that he is currently paying, a prominent gossip publication reported.

Owens, who is currently not on an NFL roster, wants to reduce the payments due to the fact that he is not receiving a paycheck. A representative for the former star told the news source that he is simply asking for a reasonable adjustment.

“His child support payments should mirror his income today and not be based on his income from over four years ago,” the representative told the news provider.

CBS Sports reported that the former NFL star missed a child support modification hearing due to his efforts to get onto a team, and the lawyers for the child’s mother have refused to reschedule.

Child custody changes can be difficult in court

When one ex-spouse has primary custody of a child, the other may desire to have full custody as situations change. But according to the Clearwater Patch, these changes must be substantial for a court to alter an already decided custody arrangement.

It is true that circumstances can change for the custodial parent, the non-custodial parent and the child that can affect what the best interests of that child may be, despite what agreements were made by parents or the court in the past.

As time passes, a parent may feel that a change in custody is necessary. To best prove to a court that a non-custodial parent deserves more time with the child, substantial changes of circumstance must be demonstrated, says the news source. Florida law states, for example, that the parenting plan may not be modified unless a substantial, material or unanticipated change effects the best interests of the child.

According to the Alaska Court System, examples of significant circumstances that can alter a child custody arrangement include a custodial parent going to jail, an act of domestic violence or a parent that is moving away so the visitation schedule must be modified.