Maggio Law Firm, PC

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How can a divorce decree be modified?

At the conclusion of a couple's divorce process in Gulfport, the judge will grant a divorce decree. This decree includes terms governing property division, alimony, child support and child custody. The decree will either be one agreed to by the divorcing parties or one imposed by the judge if the two parties cannot agree. Under normal circumstances, the decree will be binding on both parties moving forward.

After some time has passed since the issuance of the decree, one or both parties may decide that it needs to be changed. This often happens with child support and child custody. For example, if one of the parents loses their job or experiences a reduction in income, that parent may wish to either increase the amount of child support they receive or reduce the amount they pay. If one parent is charged with a crime like drug possession, for example, the other parent may seek a change in child custody.

How can a party to a divorce pursue this kind of change to a divorce judgment? One way to pursue this kind of change is through a motion to modify. This motion is usually filed with the court that issued the divorce decree. In the motion, the party argues that a change in circumstances necessitates the modification.

For child support or child custody changes, the party also argues that the change will be in the best interest of the children. The other party will have the opportunity to oppose the motion and perhaps submit its own motion to modify. The court will take the arguments under advisement and make its decision according to Mississippi law.

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