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

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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.

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.

Read the complete March 2012 Newsletter from Spooner & Associates, PC

IF YOU’RE IN THE MIDDLE OF A CONTENTIOUS DIVORCE OR ARE IN

NEED OF LEGAL  EXPERTISE  IN THE GREATER ATLANTA AREA, CONTACT

SPOONER & ASSOCIATES  TODAY! (678) 714-1131

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Scott Spooner Scott Spooner

Scott is an attorney and founder of Spooner & Associates, PC, a family law firm focused on efficiently solving clients’ legal problems. A graduate of Georgia State University College of Law, Scott has assisted clients in metro Atlanta and Northeast Georgia courts for over 15 years. He is also a registered mediator with the Georgia Office of Dispute Resolution in the areas of domestic relations mediation, general mediation, and arbitration. In addition to representing many of his clients at divorce mediations, Scott has also served as a mediator to help other divorcing couples reach an amicable resolution.


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Spooner & Associates, P.C. Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. This website is designed for general information only.  You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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