Post-Divorce Issues
Modification of Maintenance/Child Support
After a divorce, it is common for the income of one or both parties to change. You are entitled to ask for a modification of child support and maintenance if there are continuing and changed circumstances, which means a 10% change in the monthly payment.
After you are divorced, it is important that you and your former spouse exchange financial documents every year to ensure that you are receiving the appropriate maintenance and child support.
Modification of Parenting Plan
You may modify a parenting plan as long as you did not request to modify a plan within the past two years. Modifying a parenting plan may help you achieve increased or equal parenting time.
Relocation
There are a number of reasons why a parent with a child/children may wish to move cities or out-of-state after a divorce, including an employment opportunity or to be closer to family. Unless your former spouse agrees to the relocation, you will need to file a motion to relocate.
Restriction of Parenting Time
When a parent puts a child at risk, it is important that you take the necessary steps to protect them. A motion to restrict is an emergency motion that restricts parenting time when a parent endangers a child's physical health or significantly impairs the child's emotional development (i.e. substance use, neglect, or abuse). Once the motion is approved, the restriction goes into effect immediately and stays in place until a hearing before the court.