Nebraska Post Judgment Modifications Attorney

Frequently Asked Questions

How does parenting time factor into custody modification?

Child custody, parenting time, and decision-making for the children are all important considerations for the original divorce decree. Again, if there are substantial and continuing changes to circumstances, these can all be modified to reflect the changes.

For instance, if you were granted joint decision-making capabilities for your children, but your ex-spouse refuses to fulfill their side of the agreement, you may seek sole decision-making responsibility from the court system. The court’s duty to protect the best interests of the children dictates that it must consider any new factors and circumstances that would affect the wellbeing and upbringing of the children. While the court will always consider the best interests of the children, sometimes a modification requires an endangerment standard. It is important to seek legal advice to know the difference between the standard you must prove.

In order to make a modification, you must file a motion that is specific to what you want to modify. Sometimes there is a two-year time limit that applies to file subsequent motions after the first motion for modifying parenting time, custody or decision-making responsibility has been filed. Motions to modify are therefore generally more complex than with maintenance or child support.

Speak to an experienced divorce attorney to understand what it is possible to modify, the restrictions that apply, and what the chances are of being successful.

How does property division modification work?

• Generally, modification of division of property are not allowed, absent proof of some sort of intentional fraud. A change in the income of you or your ex-spouse (e.g., a promotion, raise or redundancy) – this is not a reason for modification of property distribution, only a reason for modification of spousal support.
• A change in living conditions for you or your ex-spouse – – this is not a reason for modification of property distribution, only a reason for modification of spousal support.
• A change in the financial needs of a child (e.g. the need for medical care) – this is not a reason for modification of property distribution, only a reason for modification of child support or child related expenses.
• A deterioration in the physical or mental health of an ex-spouse – this is not a reason for modification of property distribution.
• An inability for your ex-spouse to honor the terms of the original decree– this is not a reason for modification of property distribution.
• The remarriage of your ex-spouse– this is not a reason for modification of property distribution, only a reason for modification of spousal support.
• Drug or alcohol abuse or a criminal conviction of an ex-spouse– this is not a reason for modification of property distribution.

Choosing the Top Divorce decree modification lawyers in Nebraska

As well as helping spouses with the divorce process, the divorce lawyers at Nebraska Legal Group assist with making important decree modifications that better reflect the current life situations of divorced couples and their children. If your circumstances have changed since your divorce, we can help you successfully modify spousal support, parenting time, child support or other elements of your agreement.

Need help with a divorce decree modification in Nebraska? Call Nebraska Legal Group at (402) 509-7033 or get started with a free case evaluation.