Archives for August 2013

How Do Divorce Modifications Work?

by Attorney Christopher E. Heberg

1. Modification. While you should not act contrary to your Decree or Court Order without consulting your attorney, it is possible that the agreement you originally made regarding child support, custody and division of property is no longer functional. Please also do not wait if you believe there has been a substantial change in circumstances warranting a modification of you agreement. It is important for you to contact your attorney immediately so that they can begin protecting your rights as soon as possible. Please note that certain portions of a Property Settlement Agreements are not modifiable, and that may include alimony and property division.

2. Contempt. If you owe child support and cannot pay, please be certain to contact your attorney immediately. The sooner they can take steps to protect you, the better. If you are owed support, you should wait approximately two (2) weeks and then contact your attorney who can then take any steps necessary to protect your rights. You should never retaliate against your ex for their contempt. If you do this, your own failure to comply with the terms of the Decree may inhibit your ability to hold your ex in Contempt of Court.

3. Alimony. Be certain to consult with your attorney if you believe an event terminating alimony has occurred or may occur immanently. Please note that alimony is generally deductible to the payer and includable to the receiver’s income. You should always consult an accountant relative to these issues. [Read more…]