As Your Life Changes, Consider A Post-Divorce Modification
When going through divorce, the court will determine custody, alimony payments and placement of your children. As your living situation following the divorce evolves, that original plan may no longer be an accurate reflection of your current situation. It is possible to request a post-divorce modification to update elements of the divorce agreement to better fit your and your children’s needs.
At Schwei & Wendt S.C., our attorneys work to secure a modification that better reflect your current situation. We have more than 50 years’ combined experience resolving a broad range of family law matters. Our lawyers have the knowledge needed to obtain an outcome personalized to protect your interests.
From our Waukesha office, we help clients throughout Waukesha County and southeastern Wisconsin obtain modifications of the following elements of divorce agreements.
- Physical placement
- Child custody
- Child support payments
- Maintenance payments (alimony)
When Do Courts Grant Post-Divorce Modifications?
For the court to grant a modification, there must have been a significant change in circumstances. For a child support modification, the courts will evaluate whether you or your spouse has had a meaningful change in employment or income.
Custody and placement agreements can be more difficult to obtain a modification. Unless both parents accept the child to custody or placement, the requesting spouse must prove that the current agreement is harmful for the child if the modification is requested less than two years from the original judgment. After two years, the requesting spouse only needs to demonstrate a significant change in circumstances.
While courts in Wisconsin have broad discretion in awarding modifications, any decision must be in the best interest of the child. Our attorneys have extensive experience advocating for our clients before judges in courtrooms across the state. We take every measure to find an outcome that better serves you and your children.