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Post-Divorce Modification

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Post-Divorce Modifications in Raleigh

Do you need to update your divorce arrangement?

After a divorce, certain circumstances can arise that can bring the need to modify the terms of a couple's divorce arrangement. Since your divorce agreement is a legally binding court order, you will need to go through a specific legal process to seek a modification of this agreement.

If you are in need of a modification to your divorce arrangement, we encourage you to contact Hopper, Hopper & Mulligan, PLLC to learn your options. Our firm's highly knowledgeable Raleigh divorce attorneys can walk you through the process and answer any questions you may have. We understand the emotional impact that divorce can carry, and we are prepared to do everything within our power to help you get through this difficult time.

Valid Reasons to Seek a Modification

In the state of North Carolina, modifications can only be sought if a substantial change in circumstances has occured since the initial creation of a couple's divorce arrangement. This can be a bit vague, making it ultimately up to the courts to decide if your reasoning for requesting a modification is valid. Generally speaking, however, there are a number of different scenarios that are typically accepted by the courts as grounds for modification.

The following may make current arrangements, such as custody, difficult or impossible:

  • Relocation
  • Job Loss
  • Serious Medical Condition

Can I Seek an Alimony Modification in Raleigh, NC?

As you may know, alimony may be established during a divorce as a form of post-separation support (PSS). Although the court will take several factors into consideration when determining whether or not spousal support would be appropriate, it is typically awarded to a dependent spouse who does not hold employment.

Since these monthly payments are meant to help the dependent spouse maintain a similar lifestyle to that of the one that was established during marriage, the court may need to consider:

  1. The income of each spouse;
  2. The length of the marriage; and
  3. The standard of living that was established during marriage.

Once an appropriate level of alimony is set forth, one must have sufficient grounds to seek a modification.

In fact, North Carolina General Statutes § 50-56 states that an award for post-separation support, alimony or child support may not be modified without proof of a significant and material change in circumstances.

Has Your Financial Situation Changed?

When pursuing a modification of alimony, however, this change is usually related to the shifting financial viability of one or both parties. For example, the dependent spouse could seek an upward modification if it is discovered that the supporting spouse has experienced a substantial upswing due to a business decision that was made during the period of their marriage.

Oppositely, the supporting spouse could seek a downward modification if they can show that they have recently suffered a significant financial loss or the termination of their employment. In either case, they must simply provide the court with sufficient evidence to support their request.

How Hopper, Hopper & Mulligan, PLLC Can Help

At Hopper, Hopper & Mulligan, PLLC, our legal team is committed to guiding clients through the post-divorce modification process. We can assist you in gathering the specific financial documentation and information that will need to be presented to the court to support your case.We understand that you may have suffered a serious blow to your finances, that you may have fallen ill, or that some other situation may have come up that warrants a change in your current divorce agreement. Allow a skilled divorce lawyer to gather the evidence that you need to seek the modification you need. We represent clients throughout Raleigh and the surrounding areas in North Carolina, taking care to keep our clients well-informed as we guide them through the complex realm of family law cases.

Contact a divorce attorney from our firm today by calling 800-705-8950.

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Attorney Michael Hopper was straight-forward, honest and “spot-on” when handling my Chapter 7 Bankruptcy filing. With his guidance and leadership, I was organized, prepared and unintimidated by the process. More than a year after my case was discharged, Mr. Hopper still personally responded to a couple of “quick questions”. I highly recommend Michael Hopper to anyone seeking quality legal representation.
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