Divorce Modification Requests: The Circumstances that Counts

Children’s rights

Children’s rightsMore than half of marriages in the US end in divorce. The United Nation’s Demographics and Social Statistics Division recorded a 53% divorce rate among Americans. It is the tenth country with the most divorce worldwide. The stats imply that a marriage break-up is happening every six seconds.

Unfortunately, the most affected person in a divorce is the child. The Divorce Decree usually contains the agreement between both parties regarding children’s rights and can be modified to suit the changing circumstances of the children after some time. But these can also be deterred without substantial or reasonable grounds.

Filing an Appeal for Modification

According to Kim H. Buhler, Attorney at Law, P.C., even after the divorce finalized, there are still certain opportunities that call for an amendment to the Divorce Decree. If any of the divorcees or the children has experienced a significant change in circumstances, a parent can seek to modify the agreement.

In Utah, certain portions of a Divorce Decree can still be altered, provided it is not one of the substantial orders. The court allows change or modification when it comes to child custody, visitation, alimony and child support. These are the common grounds for a successful appeal.

Defending Against Modification Appeals

By default, a respondent is expected to defend against the modification request. Respondents can counter modifications if they have lost their jobs or source of income, or if any of the party has moved to a different state with different modification laws.

The petition can also be denied if a parent is proven to have drug or alcohol problem or have recovered after a treatment. The same is true in case the child’s medical and day care or educational expenses change. Remarriage or cohabitation of alimony-receiving spouse can also serve as a basis for denying the appeal.

Filing for a petition for modification of a divorce agreement can be complicated. These cases warrant thorough study and long hours of legal consultation. Choosing the right attorney may turn the tide on the petitioner’s favor.

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