Divorce settlements are, by definition, meant to be final. Upon signing all the papers, both sides feel a sense of closure. Still, life is unpredictable, and when changes occur after a divorce is finalized, it is sometimes possible to request a modification of a divorce settlement’s terms. Modifications to a settlement are generally restricted to specific aspects of the agreement and are only issued when the circumstances pertaining to those components change significantly. In most cases, the aspects of a divorce settlement that may be changed are the terms surrounding child custody, child support, spousal support, or visitation. Property division, on the other hand, is almost always considered final and much harder to alter.
Common grounds for these types of modifications include:
- Change in Income
A sudden loss of a job, a significant decrease in income, or an increase in either party’s financial situation can justify a change in spousal or child support. Courts will review the facts to determine whether the change is involuntary and substantial enough to merit a revision.
- Child’s Needs
As children grow, their needs change. Increases in healthcare costs, educational expenses, or special needs may justify adjustments in child support, custody arrangements, or both.
- Relocation
If either parent needs to move out of state or a significant distance away, custody and visitation schedules may need to be revised to serve the child’s best interests and accommodate both parents having access.
- Remarriage or Cohabitation
When a partner receiving spousal support remarries or enters a financially supportive long-term relationship, support is frequently either reduced or terminated entirely, depending on the terms of the original agreement as well as local laws.
- Changes in Health
If either partner’s health is impacted by a serious illness or disability that affects their ability to work or care for children, the court will generally agree to modifications.
To modify a divorce settlement, the party requesting the change needs to file a motion with the court that explains the reason for the requested change and provide evidence to back up their reasons. The court will review the documentation provided and make a decision based on state laws, the original settlement, and the current needs of everybody involved—especially the children.
While not all parts of a divorce settlement are open to modification, the courts are run by humans who recognize that life is unpredictable and that sometimes adjustments need to be made. If you’re considering a modification, our family law attorneys are here to help. Contact us today to learn more and ensure that you do everything you need to maximize your chance of getting a modification.