A divorce is a major life change. One household is split into two, creating extra expenses and more stress, especially if there are children involved. The spouses are no longer a team. They are living on their own, so they are responsible for their own expenses. And if family is far away, they may decide to move closer to get more support.
While a divorce decree may bring a sigh of relief for some people, for others it brings challenges. Going from married life to single life is rarely easy. Life can change in an instant. People suffer job loss and debilitating medical issues every day.
Life changes can lead to financial issues. If you have children or are paying alimony, you cannot neglect these financial obligations. Failure to make payments could result in being held in contempt of court. You could face fines, jail time, and other legal trouble.
If you are facing post-divorce issues, you need to be able to resolve them promptly. The right legal assistance can help you move forward.
Common Post-Divorce Issues
A person may experience a post-divorce issue that requires a modification to the original divorce decree. Some common issues include:
- Loss of employment
- Significant decrease in income
- Significant increase in income
- Cost of living increase
- A physical or mental disability
- A sudden financial hardship
- Medical emergencies for either spouse
- Possible relocation or change in living arrangements
Specific changes in living arrangements can affect child support and alimony payments and require a modification. For example, if the recipient spouse remarries or moves in with a new partner, the paying spouse may petition the court to lower or eliminate support payments. This is because the parties are now combining their income, which means they are making more money and may not need support payments.
New support obligations may also constitute a modification. An example of this would be if a new child is involved. The paying spouse must also pay support for that child, which means the other children would receive less.
Relocation is another major issue. A parent may need to move for a better-paying job or to be closer to family who can help with child care or finances. However, moving can affect child custody and visitation for the non-custodial parent. When the parents do not live in the same state, the court can create a special custody schedule to ensure that the child can still see the other parent.
Contempt of court is another common post-divorce issue. If your spouse is ordered to do something, such as pay your attorney’s fees, move out of the marital home, or hand over a certain piece of property, and they fail to do so, they can face legal issues. They can be held in contempt of court. This means they are refusing to follow court orders, which can lead to punishment such as fines and jail time.
Working With a Lawyer
If you are experiencing life changes, it’s important to discuss them with your lawyer. You should not ignore these problems or try to handle them on your own. Some of these issues are complex and require court input and approval. Not making child support or alimony payments can lead to legal issues.
To make changes to child custody, child support, or alimony, you will need to file a modification. There are forms available for you to make changes to parenting time or the parenting plan. You can also make changes to child support and alimony orders. However, keep in mind that any changes are not immediate. It can take six months or longer for a modification to go into effect.
For relocation matters affecting children, the best interests of the children are kept in mind. For interstate relocations, determining child custody can be considerably difficult. Because of this, you need to work with an experienced lawyer to assist in resolving these complexities.
When you make a significant change, there is a lot at stake. Make sure to discuss your situation with an experienced lawyer who can file a modification on your behalf.
Contact Us Today
Your problems do not necessarily end once the divorce has been finalized. You or your ex-spouse may face challenges later on in terms of child custody, child support, alimony, or some other issue.
The team at Tanis McGonegal can assist you with any post-divorce challenges you may face. We can help you make the necessary modifications. Fill out the online form or call (303) 465-4605 to schedule a consultation with our Colorado divorce lawyers.
