The legal proceedings for a divorce can be an arduous and highly emotional experience, and adding children to the mix can make this moment almost unbearable. To alleviate some of the stress, it is imperative to hire a family law attorney. They are experienced and equipped to answer the hard and fast truths about divorce and custody. These are some of the tough questions an attorney can handle.
Can I change a court order or judgment?
In certain circumstances, a judgment can be changed. Custody arrangements can be modified if the child’s needs change or if one of the parents has to move. If there is a difference in income or employment status, the court can also address an earlier order. As soon as there is an indication that a court order needs to be modified, contact an attorney.
Will I have to pay my spouse’s attorney’s fees?
Whether one spouse must pay the other’s family law attorney’s fees varies from state to state. In some cases, if you qualify as a dependent spouse, you would be entitled to attorney’s fees. The status of “dependent spouse” is determined by several factors, primarily the amount of disposable income the person has and whether or not they are substantially dependent on the other person for financial support. The traditional example of a dependent spouse is a stay-at-home parent. However, working parents may also qualify.
Who pays the travel expenses for visits?
When parents live in different states, the cost of the trip can become a huge expense. Trials will differ by state, but in most cases, the non-custodial parent will pay for the child to go to court-ordered visitation. In some cases, if the custodial parent has made the decision to move out of state, the judge may order the custodial parent to bear the travel expenses. The court may also ask both parents to create a travel trust fund to ensure that when visits are needed, resources are available.
If I lose my job, do I have to keep paying support?
If the financial circumstances of one of the parties have changed in any way, they still have to pay the agreed amount of support. However, it is recommended that the affected party notify the court as soon as possible and seek a modification to the court order. Financial difficulties are a valid reason to request an adjustment on items such as the amount of the payment or the payment schedule. It should be noted that until the court approves the modifications, all individuals must continue to send support in accordance with the original order.
Going through a divorce or custody battle is not only emotionally draining, but also very complex. Laws differ from state to state and can change as well. It is important to hire someone who is knowledgeable about the most current legal procedures in the jurisdiction of the case. A family law attorney can help you navigate the procedures and make way for a clearer and more effective experience.
