Modifying Your
Divorce Agreement
The agreements that have been made in divorce cases are not
always final. Often, you can modify your agreement if and when substantial
changes in the circumstances since the entry of the Final Judgment have taken
place. This process is called Divorce Modification. Whether it is a paternity,
child custody, child support, or child visitation case, you often have the
option to change the agreement. A divorce lawyer can increase your chances of
amending the agreement as they often deal with family court cases such as
these.
The chances of having the divorce agreement modified varies
based on the case. Generally, in child support cases, the Court determines
whether or not a change in income of the parties necessitates a recalculation
of child support. For example, if the parent who has sole custody of the child
loses their job, it may be necessary to recalculate child support payments
based on that fact. In child custody and timesharing cases, the court decides
if the change in circumstances are in the best interest of the child. For
instance, if one party decides that they would like more time with or custody
of their child after acquiring a house and moving out of an apartment. The
Court would decide if this timeshare/custody change would benefit the child.
Once evidence is presented, the Court conducts a hearing and
modifies the agreement as they see necessary. Many other factors play into
Divorce Modification but it can and has been done. It is nearly impossible to
anticipate the changes that can take place in your life after Final Judgment.
For this reason, Divorce Modification exists. If you find yourself in a similar
situation, don't hesitate to start the process of getting your court orders
revised.