Madison Post-Divorce Modification Attorneys

Lawyers in Dane County for Modifying a Divorce Decree

Divorce can be a difficult process, and it can have long-lasting effects for everyone involved. In most cases, once a divorce has been finalized, the parties are able to move on with their lives and follow the terms of their divorce decree. However, life after divorce does not always go as planned, and changes may occur in the lives of ex-spouses or the circumstances of their families. In these situations, post-divorce modifications may be necessary to ensure the best outcome for all parties.

If you believe that modifications to your divorce decree are necessary, or if your ex-spouse has requested changes, and you need to determine how to respond, the experienced attorneys of John T. Fields & Associates, LLC can provide you with guidance and legal representation. We can help your family navigate this situation and find solutions that will meet your needs. We will advise you on how the law applies in your case, and we will work to protect your rights and financial interests in the decisions that are made.

When Can Child Custody Orders Be Modified?

Issues related to child custody are among the most commonly-addressed concerns in post-divorce modification requests. A parent may believe that changes to legal custody may be necessary based on how they and the other parent have participated in making decisions for their children after getting divorced. Updates to physical custody arrangements and physical placement schedules may be requested based on changes in parents' work schedules, a parent's desire to spend more time with their children, or concerns about children's safety and well-being.

In general, Wisconsin law prohibits making any changes to child custody within the first two years after a divorce was finalized or a child custody order was put in place. However, exceptions may be made if a parent can provide substantial evidence showing that the current child custody arrangements are likely to cause their child to suffer physical or emotional harm.

After two years have passed, a parent may request changes to child custody, but modifications will generally only be made if a significant change of circumstances has occurred. Notably, the law states that a change in the economic circumstances of either party does not qualify, and neither does a change in marital status for either parent. The law presumes that maintaining the current physical and legal custody arrangements is in the best interests of the child, although this presumption can be rebutted. If a parent demonstrates that their requested changes are necessary to protect their children's best interests, a modification may be made.

When determining whether to make changes to child custody, a judge will consider the same factors that apply when establishing initial child custody orders. These include the wishes of the parents and the children, the ability of the parents to cooperate with each other, how well children have adjusted to their schools and community, and any physical or mental health issues that may affect parents, children, or other people living in their homes that may play a role in children's well-being.

Modifications to Financial Support

Ex-spouses may also request changes to the child support or spousal support payments made by one party to the other. These requests will usually be based on changes to the financial circumstances of one or both parties. For example, a person who is currently required to pay support may lose their job or experience other issues that affect their ability to make ongoing payments, and they may request a temporary reduction in payments. If the needs of the party receiving support change, such as when children experience health issues that will require expensive medical treatment, they may request an increase in support payments to address these concerns. As with other types of modification requests, a judge may consider a number of factors to determine whether changes are appropriate. They may issue orders increasing or decreasing child support, or they may choose to modify, terminate, or extend spousal support obligations as needed.

Contact a Madison, WI Post-Divorce Modification Lawyer

Post-divorce modifications, such as those related to child custody and financial support, can be complex matters. If you need help modifying an existing divorce agreement in Wisconsin, or if you are facing a modification request from your ex-spouse, it is important to speak with an experienced Madison divorce attorney who can review your case and advise you of your legal rights and options. At John T. Fields & Associates, LLC, we can provide you with effective representation during legal proceedings related to post-decree modifications, and we will work to protect your rights and interests at all times. Contact us at 608-729-3590 to get the legal help you need with post-divorce matters.