Changing Your Divorce Decree – An Informal Agreement Is Not Enough!

After a divorce, family situations can change: the children get older, jobs change, a former spouse relocates, or you or your ex-spouse remarries. Many of life’s twists and turns can result in the need for a change to your divorce decree.

Your Divorce Decree: Why an Informal Agreement Isn’t Enough

Often the parties reach a mutual agreement on revising the terms of the divorce. For example, if one parent moves, the parents may agree to change their visitation arrangement. If there is an income change, the parents may agree to modify child support or other monetary obligations. In many situations, the former spouses reach a verbal agreement or even write up an agreement, but many fail to have their divorce decree changed by the Court. Saving a few dollars on an attorney now can result in expensive consequences later.

We often have clients come to us after problems arise with their informal agreement. A typical situation occurs when a non-custodial parent loses a job. The custodial parent agrees to accept less (or no) child support for a period of time. Later on a dispute between the parents results in the custodial parent demanding the “back” child support due under the divorce decree. Since the divorce decree was never modified by the Court to reflect the informal agreement, the non-custodial parent can be ordered to pay the “back” support.

How can this be avoided? The former spouses can have an attorney draw up a document reflecting the change, file the appropriate Motion with the Court, and have a Judge approve the change. The modified divorce agreement then becomes the new, enforceable agreement.

There are numerous situation that may warrant a modification of a divorce decree. Our firm is well versed in this area and our attorneys are happy to assist you. If you would like to discuss any issues regarding a modification or other family law issue, please contact us. We are here to help solve your problems.

Spooner & Associates

Spooner and Associates, P.C., based in Suwanee, GA, is a firm of skilled litigators who are aggressive in the courtroom. However, when it is in our client’s best interests, we can handle cases through negotiation or methods of alternative dispute resolution, such as mediation. Our experienced Gwinnett County attorneys help people in North Metro Atlanta solve their legal problems. In all of our cases, we determinedly represent our clients to get them results. Whether we are resolving a custody issue or a marital property issue related to a divorce, our lawyers are dedicated to the needs of each client.