There is nothing more inevitable than changes in divorce. Family affairs must constantly adapt to new conditions, making Kentucky courts accustomed to revisiting and adjusting divorce decrees.
If you, your ex-spouse and your child are experiencing significant life transitions, you most certainly need to reassess how to match the court-authored divorce decree with your current dynamics. But you must consider that you should only seek these modifications if you have a compelling case proving that the original agreement’s stipulations are unconscionable and do not serve your family’s interests.
Substantial changes in circumstances
Every divorce case is unique, but there are specific situations in your life so substantial that they justify a modification request:
- Child support: when there is a fluctuation in parental income; the child’s extraordinary medical expenses prompting physician fees and medication; or the child is in imminent physical, emotional, mental or moral danger
- Custodial responsibilities: if either parent lands a new job requiring them to relocate that consequently lessens their parenting time; or if a change in primary residence serves the child’s welfare with re-examined transportation, education and visitation arrangements
- Spousal maintenance: if the spouse paying for spousal support gets sick or disabled; if a spouse remarries and cohabits with a new partner; or when either spouse dies
As much as you’d like to bury the hatchet and move on to a new chapter, you must still adhere to specific obligations in good faith, as outlined in the divorce decree. Instead of risking any violation with severe penalties, you may seek a modification to cater to your present needs.
Protecting all parties
The presented circumstances only show a small portion of possible modifiable concerns usually raised in a divorce court. The magnitude of each family’s situation varies greatly. Your child may have special needs that can further complicate matters. The court will always protect the child’s interests. You can rely on a dedicated legal team to guide you in accurately establishing your family’s needs.