Common topics in a modification include child custody, parenting time, child support, and spousal support. Other topics are generally not modifiable by law. This includes property and debt division as well as award of attorney fees. However, the general rule of property and debt division being unmodifiable may still be overturned by the discovery of additional assets or misrepresentation by the other party. This is a difficult argument to make and is considered when the omission is substantial.
A change in the legal or primary physical custody of a child is a major undertaking. There must be an unanticipated and substantial change in the parties’ circumstances or a threat of imminent danger to the child, before a court will consider such a change. For instance, if the child(ren) are now found to be in danger because of drug or alcohol abuse of the primary caregiver, the other parent could file for custody and request a review. After a substantial change has been established, the court will determine what is in the child’s best interests. The analysis will be similar to what would occur in an initial custody determination.
In preparing for a modification the family attorney will obtain the relevant information from you, in order to determine the best course of action. Once ready, the family attorney will represent your case before the judge who then make the decision in the best interests of the child. Representing a modification case of a normally unmodifiable verdict is a serious undertaking, but our law office is prepared to do what it takes to help you bring justice to your case. The court will decide in child's best interest. It is our job to help you prove that.
In addition to excellent legal skills and a law degree, Sandy Kuenzi has extensive background in banking, which gives her remarkable financial skills that are valuable in working on modifications and assisting in settling future dilemmas.
Attorney Kuenzi offers a no-obligation consultation to discuss the details of your situation before proceeding with a modification. She will explain the legal process of returning to court and what's involved, including any requirements for such a case.
If you have questions and need a modification, contact us to discuss your legal options.
Contact us today for assistance with legal matters pertaining to spousal support. We are eager to help. Call Today: 503.680.7493