Hopkinsville Modifications Lawyer

Hopkinsville Modifications Attorney

When you and your spouse get divorced, an agreement is made either by the two of you or by the court. If the divorce is contested, it will likely be the court that establishes the agreement that you and your spouse will need to legally abide by. Unfortunately, there may be instances where one spouse fails to uphold their side of the agreement, and changes must be made. If this happens, you may want to pursue post-divorce modifications with a Hopkinsville modifications lawyer.

The legal team at Mathis, Bates & Klinghard PLLC understands how difficult it can be to revisit a divorce agreement. However, if you want your post-divorce life to go smoothly and without much interruption, you may want to consider modifying the agreement to match the significant changes in your life. An experienced Hopkinsville family lawyer can ensure your modifications favor you and don’t result in you getting taken advantage of in any way.

What Are Post-Divorce Modifications?

A post-divorce modification is a change that is added to a pre-existing divorce agreement once it has been finalized. These modifications generally deal with changes in child custody or spousal support. Circumstances tend to change after a divorce. Both spouses start to move on and get their lives together after divorce. These changes could result in a change in the agreement. If one spouse remarries, it could affect the child support agreement or spousal support agreement.

You should keep in mind that a divorce agreement is not a loose list of guidelines. It’s a legally binding and enforceable contract that both spouses are expected to abide by at all times. If one spouse violates the agreement in any way, the other spouse may take legal action to force them to follow it. You may have to consider filing a contempt of court petition in Hopkinsville to get your spouse to follow the agreement. Legal penalties could be considerable.

According to a study from the Centers for Disease Control (CDC), the divorce rate in Kentucky in 2022 was around 3.0 per 1,000 people. The rate of divorce has only steadily grown higher since then, and many of those divorces resulted in legally binding agreements that change from time to time. If you are dealing with a divorce, you should reach out to a Hopkinsville divorce support group such as DivorceCare. It may be good to have somebody to talk to.

Different Types of Post-Divorce Modifications

Changing a divorce agreement is not uncommon. When your life changes, it can affect your divorce agreement in significant ways. It’s vital to your case that you make these changes as quickly as you can so your agreement is still reflective of your financial situation. A modifications lawyer can help you put something together. Here are some of the common types of post-divorce modifications:

• Child Custody: Child custody modifications are fairly common. There are many different life events that would warrant a change in a custody arrangement, such as one parent moving to another state, serious health issues, legal troubles, a change in educational needs, or a child who has decided they’d rather live with the other parent.
• Child Support: There are many different cases in which the original child support agreement would need to be modified. It’s all based on the needs of the child and the financial circumstances of both parents. Some changes that would lead to a child support change include a parent losing their job, a change in medical needs, or a total shift in one parent’s financial situation for better or worse.

FAQs

Q: At What Age Can a Child Choose Which Parent to Live With in Kentucky?

A: In Kentucky, there is no official age at which a child can choose which parent to live with in a divorce. Ultimately, it is up to the court to decide which parent gets primary custody, and they will base this decision on many contributing factors. If the child is old enough to think for themselves, the court will likely consider their wishes when making this decision. Otherwise, the decision is made based on what is right for the child’s well-being.

Q: How Do I Modify a Custody Agreement in Kentucky?

A: If you want to modify an existing custody agreement in Kentucky, you need to file a Motion to Modify Custody Order in the same court that issued the original agreement. You should consult with a modifications lawyer first and see what they have to say about your case. They can help you file the right paperwork with the right court. The court will consider your motion and investigate everything that may have changed to warrant such a modification.

Q: Can Child Custody Be Modified Without Going to Court in Kentucky?

A: Yes, child custody can be modified without going to court in Kentucky. If both parents can reach a mutually beneficial agreement to change custody, they can submit the agreement to the court for approval. Certain situations may require a court hearing, such as an imminent danger to the child. However, if the agreement is mutually decided upon, the court will likely approve it without the need for a court appearance.

Q: Do I Need a Lawyer to Modify a Divorce Agreement?

A: No, you do not need a lawyer to modify a divorce agreement. If you know what you want and how to file it, you are within your rights to move forward without a lawyer. However, it is highly recommended that you hire a lawyer anytime you are dealing with legal issues. The last thing you want is to end up unprepared in a courtroom. A good lawyer can make sure you don’t miss deadlines and file the correct paperwork.

Reach Out to a Modifications Lawyer Today

Pursuing a post-divorce modification may not be easy, especially if your former spouse is refusing to cooperate. You should seriously consider reaching out to an experienced lawyer for help in pursuing what you need.

The legal team at Mathis, Bates & Klinghard PLLC can provide you with the resources you need to pursue your claim. Contact us to speak to a valued team member about scheduling a consultation.