Modifications
Divorce decrees aim to bring closure, but life changes can require adjustments. In Kansas, these adjustments, called post-decree modifications, address changes like income shifts, relocation, or the changing needs of children. These modifications keep the original agreements fair and up-to-date. Knowing how to handle these changes helps maintain stability and fairness for everyone involved.
What is a Post-Decree Modification?
A post-decree modification in Kansas is often necessary when the circumstances of a divorce agreement need to be reevaluated by the courts. These modifications can impact financial or custody arrangements.
The need for a modification in Kansas might arise if new information surfaces that wasn’t previously available, or if there has been a significant change in the circumstances of one or both parents. The aim is to amend the Permanent Orders to more accurately reflect the current realities of the individuals involved.
As with the initial divorce proceedings, having a skilled divorce lawyer is key for effectively navigating through the process of modification in Kansas.
What Can Be Modified in Kansas?
Several aspects of a divorce order can be subject to modification in Kansas, including:
- Physical child custody arrangements: Changes can be made to visitation rights and other related aspects.
- Legal custody: Adjustments to how parental decisions are made.
- Child support: Modifications may be warranted if there’s a significant change in financial circumstances.
- Maintenance/spousal support: Similarly, altered financial conditions might necessitate a new support arrangement.
- Financial settlements: This includes the division of property, assets, or debts, especially if fraud has significantly impacted the original decision.
It’s important to remember that a modification in Kansas made by a judge will aim to protect the children’s best interests and ensure a fair outcome for all involved parties, just as with the original divorce decree.
Reasons for Modification in Kansas
If you believe your divorce settlement is unfair due to new facts that were either not considered or were withheld at the time of your original decree, you can file a motion through your divorce lawyer for the court in Kansas to reassess the terms.
Common reasons for seeking a modification include:
- Changes in the income of either you or your ex-spouse, such as a job promotion, pay raise, or job loss.
- Changes in living conditions for either party.
- Changes in the financial needs of a child, for instance, new medical care requirements.
- A decline in the physical or mental health of an ex-spouse.
- Your ex-spouse’s failure to comply with the terms of the original decree.
- The remarriage of your ex-spouse.
- Instances of drug or alcohol abuse or a criminal conviction involving your ex-spouse.
Maintenance Modification in Kansas
In Kansas, if there is a significant and ongoing change in circumstances, the courts may consider modifying maintenance terms. This could occur if you lose your job, have to accept a permanently lower income, or if your ex-spouse experiences a substantial increase in salary, prompting adjustments to either the duration or amount of child support.
Sometimes, a comprehensive financial disclosure wasn’t provided during the initial proceedings, necessitating a reevaluation with complete and accurate financial details.
Under Kansas law, you must prove that the change in circumstances is substantial and ongoing, making the original maintenance terms unfair. Either spouse, whether they are the payer or the recipient, can request a modification in Kansas. This requires filing a motion to modify maintenance with the same court that handled your original divorce.
It’s important to note that some marital settlement agreements declare maintenance as “contractual, nonmodifiable.” If this is the case, any modification requests will be automatically denied by the courts.
Lastly, maintenance payments generally terminate if the recipient remarries, although this is not an absolute rule.
Child Support Modification in Kansas
Child support is another area frequently subject to modification in Kansas divorce orders.
A modification in Kansas can be requested by either parent when there is a “substantial and continuing” change in circumstances. Such changes might include variations in overnight stays, shifts in health insurance or childcare costs, or alterations in the incomes of the parties involved.
Typically, these modifications are considered when there’s at least a 10 percent change in one parents’ overall gross income, whether increase or decrease. It is important to note that the court does not consider it a material change if the parent with primary custody gets a 10% increase in income. For instance, the noncustodial parent would not be able to pay less child support just on that basis. However, this isn’t a strict rule, as other factors—like a parent’s health condition or a child’s medical needs—may also be relevant.
It’s important to note that receiving more child support isn’t guaranteed, even if your ex-spouse gets a significant pay increase. This depends on various circumstances and the aforementioned 10 percent rule.
Unlike maintenance, child support terms cannot be made “contractual, nonmodifiable.” Therefore, if there’s a substantial and lasting change in circumstances, it’s likely that the court will review your case.
Parenting Time and Custody Modification in Kansas
Child custody, parenting time, and decision-making for children are important components of the initial divorce decree in Kansas.
Again, these elements can be modified if there are substantial and ongoing changes in circumstances. For example, if you have joint decision-making rights for your children but your ex-spouse is not upholding their part of the agreement, you might request sole decision-making authority from the court.
The court is primarily concerned with protecting the best interests of the children. It must consider any new factors and circumstances that could impact the children’s well-being and upbringing. It is important to consult with legal counsel to understand the specific requirements for your case.
To propose a modification in Kansas, you need to file a specific motion detailing the changes you are seeking.
Note that there might be a two-year restriction on filing subsequent motions after an initial motion for modifying parenting time, custody, or decision-making has been made.
Modifications in this area tend to be more complex than those involving maintenance or child support, so it’s advisable to consult with an experienced family law attorney in Kansas to understand potential modifications, applicable restrictions, and your likelihood of success.
Property Division Modification in Kansas
Property division is another area where divorced spouses might seek a modification in Kansas.
The initial divorce decree is based on the assumption that all facts regarding the couple’s assets, liabilities, and incomes are fully disclosed. If it later emerges that one of the parties withheld key information or provided false details that influenced the original judgment, the aggrieved party could ask the court to consider the newly discovered information.
The process may begin with a preliminary hearing to assess whether the new information could materially impact the initial property division decision. If necessary, a subsequent hearing will be convened to reconsider and potentially reallocate property or liabilities.
Post-Decree Modification Lawyers in Overland Park.
In addition to guiding spouses through the divorce process, the family lawyers at Kansas Legal Group specialize in facilitating important decree modifications that accurately reflect the current life situations of divorced couples and their children.
If your circumstances have changed since your divorce, our team can assist you in successfully modifying spousal support, parenting time, child support, or other aspects of your agreement.
Need help with a post-decree modification in Overland Park?
Contact us or call us at (913) 456-5738 today for a free case evaluation.
Frequently Asked Questions
Can modifications be temporary?
Yes, modifications can be temporary if the change in circumstances is expected to be short-term. Temporary modifications in Kansas might be used in situations such as a parent’s temporary relocation for work or a temporary change in financial status.
Do both parties need to agree on the modification?
While it is beneficial if both parties agree on the modification, it is not required. If there is disagreement, the court will decide based on the evidence presented, the best interests of the child, and/or what the court considers equitable under the circumstances.
How can I enforce a modification order?
If the other party does not comply with the modified order, you can file a motion for enforcement with the court. The court can take various actions to ensure compliance, including contempt of court proceedings, fines, and other penalties.