Family Law

Morgantown Divorce Decree Modification Attorney

Legal Representation to Modify or Uphold Final Divorce Decrees

The Law Firm You Can Trust

Angotti & Straface Attorneys at Law L.C. in Morgantown assists clients who require modifications to final divorce decrees. We also provide legal representation to uphold preexisting court rulings for clients whose ex-spouses seek to modify existing divorce decrees against your wishes. If you or your spouse have had a significant change in any aspect of your circumstances since the divorce decree was finalized and would like to pursue a motion to modify, we can help. Some circumstances which may justify divorce decree modification include:

  • Substantial changes in income or resources
  • Loss of employment (long-term and involuntary)
  • Health concerns or disabilities affecting a parent or child
  • Issues relevant to the care or needs of a child
  • Retirement
  • Relocation
  • Remarriage

How Are Child Custody and Support
Divorce Decree Modifications Determined?

The best interests of the child are the main factor considered when the court is asked to modify aspects of the divorce decree that will affect the child, such as child support, visitation, and custody. One of the most frequently requested modifications is a petition by the custodial parent to increase child support payments due to an increase in the cost of living. In some cases, an order can be modified to automatically recalculate yearly increases in child support to adjust for inflation.

Child Custody: Except in cases involving abuse, the court typically modifies custody orders while keeping in mind that a continuing relationship with both parents is ideal.

Child Support: Payments to the custodial parent are based on state-issued guidelines and are adjusted based upon standard calculations derived from the parents’ gross income. If income changes, child support amounts can be adjusted up and down according to the predetermined formula.

Visitation: Schedules for visitation may be altered based on failure to adhere to the parenting plan or guidelines, parents’ schedules, relocation, and other personal factors that may affect the ability of each parent to exercise his or her visitation rights.

Divorce Decree Modification of Alimony Payments

Many factors are considered by the court when a petition to modify a final divorce decree, in respect to alimony payments, is presented. Typically, the financial situation of the payor versus the payee is the main consideration. The type of alimony awarded may limit the ability to modify alimony payments. However, alimony reductions may be sought in cases of involuntary unemployment, disability, and advanced age/retirement.

A HANDS-ON APPROACH TO EVERY CASE
REPRESENTING MORGANTOWN’S RESIDENTS SINCE 1952

Contact Angotti & Straface Attorneys at Law to request a free initial consultation to discuss your case at: (304) 292-4381. We offer the personalized legal counsel to help ensure that the best interests of you and your child continue to be met following your divorce.