Legal Question in Family Law in Alabama
modify a divorce decree
how do you properly modify a divorce decree if the child now lives with the parent who pays child support to the other parent. The paying party wants the child support stopped because here has been a serious material change in circumstances.
2 Answers from Attorneys
Re: modify a divorce decree
In that situation, you need to file a Petition to Modify the divorce decree, asking for a change of custody and to change the child support order. The custodial parent should not be paying child support to the other parent. In fact, the parent who now has custody should be getting child support from the other parent now.
Modification of a divorce decree requires filing a new court petition, and I would encourage you to have an attorney handle it for you. Get in touch with your attorney from the original divorce case, and ask him or her what steps need to be taken to get this moving forward.
If you have other questions or if my office can be of assistance to you, feel free to give us a call.
Re: modify a divorce decree
you have to go back to court and file a petition to modify. if there is an agreement you can simply file a joint petition to modify with a signed agreement and order for the court to sign