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Are divorce agreements set in stone?

On behalf of Dolan + Zimmerman LLP July 20, 2020

When your divorce agreement is finalized, it may seem, well, final. However, this does not mean that the terms of your agreement are set in stone. The law recognizes that people’s circumstances can change and allows for the modification of specific issues.

Child custody and visitation

Child custody and visitation agreements are some of the most commonly modified terms. Frequently, this issue comes up when one parent wishes to relocate out-of-state, issues arise with the child including a school change or learning issues, a parent changes jobs and their schedule changes. It’s important to find out how custody and visitation schedules can be modified if a change is contemplated.

Child support

People’s incomes are rarely static. A job loss or a promotion to a higher-paying position can have a significant impact on your income. Either parent may request a modification to a support order to help ensure the financial well-being of their children.

Maintenance (Spousal support)

Some orders for maintenance are permanent. However, some maintenance orders can be modified. As with child support, a substantial change in income may necessitate a modification. It may also be possible to seek a modification or even a termination of a support order if the recipient remarries.

Never change your agreement without court approval.

You should never try to change the terms of your divorce agreement without the approval of the court. You should discuss your options with a skilled professional. You can discuss what modifications are possible, how a modification would work and likely outcomes before proceeding to modification.