CAN I CHANGE MY DIVORCE AGREEMENT AFTER MY DIVORCE IS FINAL?January 17, 2019
Your divorce is final and you are adapting to your new life. Unexpectantly life circumstances have changed and the original terms of your Separation Agreement are no longer working. What can you do?
In some circumstances you may be able to modify certain terms such as child support, alimony and parenting plans.
First, read your Agreement. If you see the word “survive” written about something you agreed to, that term cannot be changed unless by mutual agreement of both parties. However, if you see the word “merged” written before something you agreed to, that term may be modified by showing a material change of circumstances has now occurred from the original date of signing of the document.
What situations would allow terms in the Agreement to be changed?
The following is a list of some events that may allow a change in child support, alimony or your parenting plan:
- emancipation of a minor child;
- your ex-spouse has a significant increase in finances;
- you have a significant decrease in income due to loss or change of job;
- the current parenting plan needs to be adapted because the children are older and school and extracurricular schedules have changed;
- educational needs of the children;
- Other. Contact Fleischer Law Solutions to determine if what you are seeking to change is modifiable under the terms of your Agreement and the law.
How do I change my Agreement?
A term in your agreement may be modified by mutual agreement of the parties. Once the new term is decided, the parties file a Joint Agreement for Modification with the Court. Fleischer Law Solutions will work with the parties to assist in negotiating the new term and filing the appropriate court pleadings.
What happens if my ex won’t agree to a change?
It is always preferable to modify the terms of your agreement amicably. However, in reality this is often not the case. When your ex won’t agree to the change, you may seek a Court Order for the change by filing a Complaint for Modification. Fleischer Law Solutions believes that it is always better to try to obtain an agreement rather than litigate. We will work with you to find a solution that will avoid costly litigation. In the event your case must be resolved through litigation, we will represent your interests vigorously at Court.
Contact Fleischer Law Solutions for a consultation to discuss your post-divorce concerns.