Elmer McDuffy: Post Divorce Modification

It happens very often to divorce parents where their changed circumstances require a post-divorce modification. If you need more child support or if you are a non-custodial parent who is currently unemployed, you may need to modify your divorce agreement. Consult a Salt Lake City divorce modification attorney about the possibility of obtaining a modification to your existing divorce decree. Whatever your situation might be, the court will take into consideration a few factors and determine whether or not your appeal is valid.

COMMON REASONS FOR A POST-DIVORCE MODIFICATION

• Insufficient child support or spousal support – Sometimes child support isn’t enough to meet the average standard of living. In order to fulfill your children’s needs, you may need additional monetary support, which you may seek by requesting the court for a modification to increase the amount of child support. Likewise, if the non-custodial parent lost his earning capacity, or if he is currently unemployed, these changes may qualify as good reasons to seek a post-divorce modification.

• Relocation – This is a common one, especially among military families. Some parents have to relocate, which makes it difficult to keep in touch with the children or visit them as they used to. In those cases, the parent moving out needs to file for relocation so the terms of the parenting plan and custody agreement will be modified. Just remember, a parent can’t move away without notifying the other parent and making the necessary changes to the divorce decree. Parents who make such illegal decisions can face serious legal consequences, including kidnapping.

• Unable to provide child support – A parent who is no longer earning enough to provide child support needs to obtain a post-divorce modification in order to reduce the amount of child support or spousal support. Parents, who stop paying child support without informing their former spouse and the court, can face legal problems along the way. So it is important that they seek a modification as soon as their circumstances have significantly changed.

WHY DOES THE NUMBER OF VICTIMS OF DOMESTIC VIOLENCE INCREASE?

It seems like an easy decision, until it happens to you. Nobody deserves to live in fear of their spouse. Yet, far too many people are the victims of physical and mental abuse from their partners on a daily basis. From an outsider’s point of view, the logical thing to do is simply leave the house and end the relationship. But there are no rules when living in a household plagued by domestic violence. Many choose to stay because they have no place to go. Some abuse victims blames themselves for the violence. But it is important to understand domestic violence should never be tolerated.

OVERCOMING THE VICTIM MENTALITY

It is hard to believe. But many victims of domestic violence do not even consider leaving their abusive environment. Abuse doesn’t just start suddenly. It is a vicious cycle that gradually increases over time. In some cases, it can get to the point where the victim simply accepts it as a daily part of their existence. Abusers often manipulate their victims and blame them for the problems in the relationship.

But not every abuse victim is the same. Many are desperate to escape their broken relationships. Unfortunately, they may not know where to turn for assistance, it can become a helpless feeling. A divorce attorney can provide several effective legal solutions to help domestic violence victims escape their dysfunctional relationships and go on with their lives.

END THE VICIOUS CYCLE OF DOMESTIC VIOLENCE WITH A RESTRAINING ORDER

One of the best ways a divorce attorney can help is to obtain a restraining order. A restraining order is designed to prevent a specific person or party from making any contact with the petitioner. Restraining orders are one of the most common protective orders in Utah family law and can be quickly obtained with help from an experienced and knowledgeable divorce attorney. Salt Lake City is home to far too many victims of domestic violence. The State of Utah can offer two types of protections–temporary protective orders and civil stalking injunctions.

One of the advantages of hiring a divorce attorney is to help fill out paperwork. Many family law attorney offices employ legal staffs dedicated to handling various client services. Not only can they file the paperwork, a divorce attorney can effectively present and argue your case in front of the court. Restraining orders can be issued relatively quickly and become effective the moment they are signed by the judge.