Divorce Questions - Child Divorce
Uncontested matters are simple. Standard documents. Agreed property division. Case closed. However with a
child, divorce proceedings grow complex even in the best circumstances. Child support obligations continue until
children reach the age of majority. Overtime, income and expenses change as do the needs of children. Divorce
questions often arise years after the final decree.
A motion for modification of child support may be filed by either parent. Courts rule on the divorce
questions and requests of parties based upon admissible evidence - factual evidence - that pertains to
increases, decreases, or modification of obligations. One of the most common reasons motions are filed is to
increase payments as income increases over a period of years. Temporary modifications may also be considered due
to unemployment.
Note Regarding Divorce Questions
- Divorce questions pertaining to the law are properly resolved by a judge. Lawyers should be able to advise
clients on the likelihood of success when arguing a more favorable interpretation.
- Divorce questions relating to the best interest of children are also resolved by the court, ordinarily
based upon expert reports and expert testimony.
- Divorce questions relating to factual disputes are properly determined by a jury, unless the parties agree
to a non-jury trial. In non-jury trials, the judge acts both as the court and finder of fact.
- Practical divorce questions regarding minor issues are usually resolved by the agreement of lawyers or
spouses without court involvement.
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