MODIFICATION ATTORNEYS IN BOISE & MERIDIAN, IDAHO

According to the CDC/NCHS National Vital Statistics System, there were 3.9 divorces for every 1,000 people in Idaho in 2019. The divorce process itself can be difficult to navigate, and it is only the beginning. Life changes dramatically when people divorce.

After the divorce process ends, life will continue to change over time. One person may remarry, the other person may move to a new state, one or both may have more children, etc. Financial situations often change as well. One person may get a promotion and the other may lose their job. 

If your situation changes substantially in the years after your divorce, you may need to file for a post-decree modification. At Shep Law Group, we help individuals in Boise, Meridian, Ada County, Canyon County, and throughout the state of Idaho in matters of family law. We will work hard to fight for your case during the modification process.

What is a Post-Decree Modification?

After the divorce is finalized, you may need to make changes to your arrangements. You can do this by requesting a post-decree modification. There are several different types you can request.

Types of Post-Decree Modifications 

• Child Custody/Support: This allows you to change your child custody or child support arrangement.

• Spousal Support: After the divorce, you may still be obligated to support your spouse. If you need to change your spousal support arrangement, you can file for this type of post-decree modification.

• Contempt: If one party can prove that the other party did not follow the court order, this type of modification can hold them accountable.

• Other: Visitation rights can also be changed through a post-decree modification.

Child Custody/Support

Child custody and child support are complicated issues. As time goes on, it’s important to know that your arrangements can change based on substantial changes in your life.

Changes in Circumstances

If your life significantly changes in one of the following ways, then the court can modify your child custody and child support agreements. Those circumstances include: 

• A substantial increase in the child’s expenses, such as costs for education, medical needs, age-related expenses, and cost-of-living changes

• A 10% increase in either parent’s income

• An involuntary 10% decrease in either parent’s income

• Either parent’s involuntary job loss

It’s important to know that if you have another child or adopt a child, the courts won’t modify your existing child support arrangements. Simply put, your first family’s financial needs take precedence over your second family’s.

Best Interest of the Child

A judge can grant a child custody modification if it is in the child’s best interest. You can file for this type of post-decree modification if you believe that your child’s life would be substantially improved by changing the arrangement.

Spousal Support

It is possible to change your spousal support arrangement, also known as alimony, through a post-decree modification. The standards are similar to the circumstances in child custody and child support modification arrangements.

Circumstances for Modification

If either spouse can show a substantial and material change of circumstances, then it is possible to change the spousal support arrangement. However, if there is a written agreement that both spouses signed stating that the arrangement could not be modified, then the courts will not grant a post-decree modification.

The Modification Process

In the modification process, either party can file a request for modification. The court will then schedule a hearing. At the hearing, the evidence must be presented to show that there is a need for the modification.