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When You Need A Divorce Modification

The day your divorce decree is finalized, you may believe you are done with family court proceedings. However, what if your life circumstances change and you can no longer meet your obligations under your decree? A Rhode Island divorce modification attorney can help you seek to alter the terms of your final order, so it better reflects your current situation.

What type of life events warrant seeking a modification of your divorce decree? The change must be significant. Additionally, a modification does not require the entire divorce order to be changed. Portions of divorce judgments can be modified after they have been issued, including altering child custody, child support or visitation schedules. Examples of major life changes that justify modifications include:

  • Child abuse or neglect
  • Substance abuse by one of the parents
  • Both parents of a child agree to the modification
  • Illness of one of the parents
  • Loss of employment by one of the child’s parents
  • Your child has been diagnosed with special needs
  • A parent might want to relocate to another state
  • Remarriage of a parent
  • Increased medical expenses
  • Retirement of one of the parents

Your divorce modification attorney in Rhode Island can help you collect the necessary evidence to support the significant change. Examples of evidence the court may consider are medical bills, bank statements, W-2 forms, physician’s affidavit or paystubs. There are many other types of proof you can submit, but it is necessary to be prepared to support your request to alter the existing order.

It is important to note that pursuant to § 15-5-16.2.4, “the court, in its discretion, may modify a child support order retroactively only to the date that notice of a petition to modify was given to the adverse party if it finds that a substantial change in circumstances has occurred.”

If you need to modify your divorce decree, contact the attorneys at Kirshenbaum Law Associates. We’ll help guide you through the process.

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