Once support issues have been ironed out over the course of a
divorce, one tends to think they are set in stone. This is not the
case, and the support amount may be adjusted later.
"There are circumstances where support (alimony/maintenance) may
indeed be modified later and those may include losing a job, becoming
disabled, having to take a significant pay cut to keep a job or other
major changes in one's life, such as a significant illness," explained
Bradley J. Hofland, a Las Vegas family law attorney with Hofland,
Beasley & Galliher. Even though a final divorce decree stated
amounts and times those payments were due, the law does understand that
things change over time.
"In order to go for a post-decree modification, the change to a
person's life must be a significant one in order for the courts to
consider allowing a reduction in the amount of support originally part
of the final decree, said Hofland. To file a post-decree modification,
hire a family law attorney with extensive experience in this area of
the law. They are there to outline all the available options depending
on what circumstances are present at the time of the filing.
Don't wait to file a post-decree modification, as payment under the
original decree must continue until the court has heard and modified
the new application. The longer one waits to do this, the more money
they may ultimately pay out. "Be aware though that the "change" cited
in the post-decree modification needs to be very significant in order
for the courts to consider making changes," added Hofland, a Las Vegas
family law attorney with Hofland, Beasley & Galliher.
In other words, losing a job might not be a valid reason for the
courts, as they look at each individual situation prior to making any
changes. For instance, if the party applying for a post-decree
modification has a fair number of assets, this would mean they could
still afford to pay support.
"Just because an application has gone to court for consideration
does not mean the payments may be stopped or reduced until the court
says so, and it definitely does not mean reduced payments are
retroactive. On the other hand, if the decision is for an increase in
support, those payments would be retroactive," said Bradley J. Hofland,
a Las Vegas family law attorney with Hofland, Beasley & Galliher.
If facing a situation where it looks like filing for a post-decree
modification makes sense, hire a top-notch family law attorney to help
negotiate all the twists and turns that may be down the road.
To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.