What is a Divorce Modification?
Remember the saying “The only thing that is constant is change?” Even after a couple decides to reach a divorce settlement, there’s no doubt that at some point, one individual will experience a major life change that could indicate it’s time for a divorce modification.
Basically, a divorce modification in simple terms is when one party experiences a life change such as relocation, a new marriage, career change, or unforeseen circumstances such as a financial emergency or disability. New laws and regulations may also call for a review of your settlement. While not all aspects of a divorce can be modified, it’s best to speak with a qualified attorney to understand your options.
Here are some common reasons to seek a divorce modification:
Parenting Plans and Time-Sharing
If you believe your child(ren) may be in immediate danger, it is best to contact the authorities right away. In the meantime, if there is enough evidence to prove that the other parent may no longer be qualified to have custody or visitation rights, you’ll want to consult with an attorney to determine the best course of action. Various circumstances could be addiction, abuse, or reckless behavior and when the child’s well-being is in question.
While rules vary from state to state and even more so internationally, planning a move can complicate a divorce, especially when children are involved. If you or your ex-spouse is considering a relocation, no matter the distance, you should speak with an attorney to determine if a request is first necessary.
Believe it or not, many parents find themselves debating the need for child support, and in some cases, haven’t received payments from the other parent. Whether it’s a change in income, financial emergency, or other reason, it’s not uncommon for parents to change the terms of their original agreement.
Another point of contention can often be the concept of alimony. While the primary earner may find themselves in a position of supporting the other party, it can be adjusted over time depending on the circumstances. For example, if the recipient enters into a new supportive relationship or a career change with high income potential, a request for adjustment may be granted. The same goes for the other party who may suddenly experience loss of a job, illness or a major life change that doesn’t permit them to pay alimony as they were once able to do.
If you have questions regarding your previous divorce settlement, please feel free to contact us to schedule a private consultation. We’re here to help you.