POST-DECREE MODIFICATION ATTORNEY
IN OHAMA, NEBRASKA

In every divorce case, the major goal is to reach a settlement agreement with your soon-to-be ex-spouse. However, the terms of the divorce may become inconvenient for either spouse over time due to changes in circumstances. In Nebraska, either ex-spouse may file a post-decree motion seeking the court to change an existing family law arrangement.

If you wish to appeal a family law decision or modify an existing divorce, alimony, child support, or custody order, it is important that you consult with an experienced Nebraska family law attorney for detailed guidance. At Abrahamson Law Office, our father-daughter duo has the diligence, resources, and experience to guide individuals and families through the complex procedures involved in post-decree modifications.

Whether you want to adjust an existing divorce decree, including an alimony agreement, child custody order, or support arrangement, our attorneys can offer you the comprehensive legal counsel and advocacy you need in your post-judgment litigation. We will fight diligently for your rights, your future, and your family's best interests; and along the process, we’ll assist you in the best possible way.

Abrahamson Law Office proudly serves clients throughout Omaha, Nebraska, and surrounding areas of Douglas County, Saunders County, Sarpy County, Dodge County, Otoe, and Washington County.

What is a Post-Decree Modification?

Post-decree motions are often filed when divorced couples are seeking the court to adjust or enforce the original divorce order. In Nebraska, any of the separated or divorced spouses may file a post-decree motion if:

• There has been a substantial change in circumstances since the existing decree was made.

• There is a breach of contract by the other spouse.

A skilled divorce attorney can enlighten you about the various types of post-decree modifications and help you make informed decisions.

Types of Post-Decree Modification

The most common types of post-decree modifications in Nebraska include:

Spousal Support: Either ex-spouse may file a complaint seeking modification of the amount, type, or duration of spousal support payments due to a material change in circumstance.

Child Custody/Support: If there are disagreements regarding child-related matters, including child custody, child support, medical care, and parenting time, the concerned parent may petition a post-decree motion.

Contempt: If the non-custodial parent or paying spouse is delinquent on child support or spousal support payments, respectively, the aggrieved spouse may bring a contempt action requesting the Nebraska court to enforce the existing order and punish the non-compliant spouse/parent appropriately.

Others: Some other family law orders that can be modified include:

• Scheduled parenting time or visitation judgments.

• Tax exemptions.

• Health benefits of the children.

An experienced Nebraska family law attorney can walk you through every step involved in your post-decree litigation and improve your chances of achieving the best possible outcome.

Child Custody/Support

Under Nebraska law, in order to modify child custody or parenting time, the parent seeking modification must show that:

• There has been a "material change in circumstances" since the last order.

• The new changes will be in the child's best interests.

A knowledgeable Nebraska child custody attorney can enlighten you about your possible legal options to modify the existing child custody order and help protect your family's best interests.

Spousal Support

Additionally, Nebraska laws permit either ex-spouse to petition a request for modification of alimony. The spouse seeking spousal support modification must show that there has been a "material change in circumstances" since the existing order was established. Some common reasons to file a motion to adjust or terminate alimony include:

• Involuntary loss of job.

• Significant decrease or increase in pay.

• Reduced need for support.

• Addition of children to support.

• Relocation to a new city with a higher or lower living cost.

• The paying spouse becomes unable to work due to incapacitation or disability.

• Remarriage of the supported spouse.

• Early retirement.

• The supported spouse is not making a reasonable effort to become self-sustaining.

A skilled alimony attorney can assist with your spousal support modification case and help you navigate key decisions.

Modification Process

In Nebraska, the post-decree modification process starts by filing a complaint or motion for modification. After filing your complaint, a court hearing, or trial, will be scheduled in the event no agreement is reached that can be provided to the judge to become a new order. During the hearing, the person seeking a modification has the opportunity to provide the judge with tangible reasons to modify the existing family law decree with a new order.

After you either reach agreement for a new order or else have a hearing where the judge makes a decision, the judge will make necessary adjustments and issue new court orders that will reflect the new modifications. A trusted attorney can help present your case diligently in court and increase your prospects of achieving the most favorable outcome.

Contempt

If one person is not following an existing court order then the other person can request for the the person not following the order to be held in contempt. The process for finding a person in contempt consists of filing a motion with the court requesting the court issue an order for the other person to appear in court on a hearing date to show cause, or give a reason, for why that person is violating a court order. Once the court issues such an order then the other person must be served with notice of the order and the hearing date. At the hearing date both sides have the opportunity to present evidence regarding why the person either is or is not violating a court order. The judge will then either not find the person in contempt, or give the person an opportunity to rectify any violations of the court order, or else find the person in contempt. Contempt can be punishable by fines, paying the other person's attorney's fees or incarceration. Likewise, if a person who is served with an order to show cause regarding a application for contempt but does not appear in court on the date and time ordered by the judge, then a warrant can be issued for the served person's arrest.

Work with a Knowledgeable

Family Law Attorney

A post-judgment modification, including spousal support agreement, child custody and support order, or changes in parenting time, can have a significant impact on your family, children, and future. If you're considering filing a post-decree contempt motion or if you want to change an existing family law agreement, consulting with a knowledgeable family law attorney is paramount for proper guidance and to protect your legal rights and your family's best interests.

At Abrahamson Law Office, our attorneys are poised and ready to guide and represent clients in their familial legal matters, including post-decree modifications. As your legal counsel, we can evaluate the details of your unique circumstances and guide you through every step of the post-judgment modification process. Also, our trusted attorneys will work intelligently with all parties involved to negotiate a fair settlement agreement and achieve a new arrangement that is in everyone's best interests.