Post Divorce Modification Mediation is a very common practice, as an agreement or order made ten (10) years ago may not be workable now. Things change, people change and a child gets more expensive with each passing year.
Many people going through a divorce or paternity dispute with a child of 4 are not thinking about a phone, iPad, sports gear, laptop, a car at 16, the prom or college. These are life experiences you didn’t want to miss and now your child is looking forward to them as well.
This should not excuse the child taking personal responsibility and working to earn money for things they want, but both parents also need to help where they can.
Rather than destroy your working relationship and throw away many years of good will, we can sit down and workout an agreement that can carry you through. With two people who love their child it’s not hard to want the best for them.
We can assist you with most everything that you could have went through during a divorce or paternity case. This can include a change in co-parenting residency / time, child support, special days and even activities for the child. Anything you are willing to negotiate on we can assist.
We are accustomed to finding creative ways for parents to negotiate past orders and understand somethings may be off limits. Many times that is any pre-existing property, inheritance or spousal support.
An existing order from a court is not modified at every turn either. Judges get annoyed when they see petitions to modify child support because the non-custodial parent received a pay raise from $8.75/hr to $9.25hr. These need to be signification changes that have an adverse effect on the child and a change that cannot be overcome.
Just because you no longer have a job, this may not exempt you from your potion of child care. Many judges and attorneys will count “not having a job” as minimum wage and this will be the portion for either parent.
A common modification we see is where parents have a child that will not graduate till their 19 or 20 and the custodial parent needs continued support till graduation. Once the child reaches the age of 18 it’s common for child support to stop but that has a great effect on the custodial parent.
Another common modification is when a child drops out of school. Many times child support will terminate due to the ideology that a child not in school is able to support themselves.
Many of our higher income divorces will modify child support to extend till after graduating college so the adult child can remain in the home, be covered on health insurance and save the parents a boat load over the college dormitory.
Post divorce or paternity modifications can be handled two different ways. The first is by coming to mediation and working out an agreement, then filing a petition for modification in court and filing the new agreement. Going to the court hearing so the judge can sign the modification.
The second is to use the agreement as it stands without filing it in court to modify the case information. Since all our agreements, whether or not you have an open court case, are notarized by a third party notary, they are a binding contractA written agreement that has been evidenced as being made by the parties and certified to be their true signatures.. If you do not honor the agreement, it can be filed, with or without legal counsel, by the other party with a request to the judge to enforce the agreement.