A divorce decree includes determinations that are vital to your future as well as the future of your children and your finances. These determinations are included in child custody and child support, property division and spousal support.
We provide complete legal representation to people at all stages, including in the years that follow a divorce decree. We can advocate on your behalf for or against modifications of the following:
Child support modifications:
A significant change in material condition such as job loss, promotion or remarriage may warrant an increase or decrease in child support. Following state guidelines, support can be adjusted to account for these changes.
Child custody and visitation modification:
A significant change in material condition regarding custody and visitation can include parental relocation, a child’s request to live with the other parent, removal of the child from a home due to an unsafe environment and other factors.
Spousal support modification:
A recipient spouse may petition for an increase if the paying spouse now earns more or if her or her needs have substantially changed. The paying spouse can move to terminate support if the ex-spouse is remarried or co-habitating or has reached financial independence.
WHAT IF AFTER THE CONTRACT IS SIGNED, THERE IS SOMETHING I WANT TO CHANGE ABOUT IT?
If it is an executed contract, and the contract is not ambiguous, it is not likely that you will be able to change it without agreement of the other party.
WHAT IF WE DO NOT AFREE ABOUT WHAT A TERM IN THE CONTRACT MEANS?
The plain meaning rule applies, but if that does not resolve the dispute among the parties, the court can step in and consider who drafted the contract and how the parties will be impacted by a reading of the contract in one way or another.
WHAT IF THE OTHER PERSON JUST REFUSES TO DO WHAT THE CONTRACT OR DECREE REQUIRES?
Once the contract is incorporated into a court order, or a court ruling is made in to an order or decree, you can file a Rule to Show Cause and ask the court to enforce the order, as well as order the other person to pay your fees and costs as their actions necessitated the court’s involvement.
HOW DO I RECOVER ASSETS THAT WERE HIDDEN?
If need be, you file a suit and ask the court to recognize the actions of the other party, and do equity by providing you with a monetary award and fees for having to come to court as a result of the party’s failure to disclose.
Take the time on your own to learn about legal matters in Virginia. This should never be used as a substitute for the advice of experienced counsel; this education empowers you and can help frame your discussions with your attorney.
Please contact us to schedule an appointment.