3 Scenarios Where a Modification Might Be Necessary

After finalizing your divorce, there is no other option but to pick up the pieces and move on to better things. Unfortunately, life is not perfect and there are certain situations that may force you to revisit the terms of your divorce agreement with your ex sometime in the future. Perhaps your employer has suffered financial hardship and has to re-evaluate everyone’s salary or the children’s needs have increased considerably since your last sit-down.

Whatever the case, you will have to draw up a revised agreement to incorporate the new changes. Here are three major scenarios where a modification of your divorce agreement might be necessary.

A Change in Personal Circumstances

When there are significant changes in your life, your ex’s life, or your children’s lives, it may be necessary to review your divorce agreement. Some of these changes might include:

  • You or your ex-partner is moving far away
  • The spouse paying child support has had a major increase or decrease in their income
  • There is a big conflict over how one parent is supervising the children, possibly due to a substance abuse problem, long hours at work, or even partying too much
  • One of your children has contracted a serious illness and needs special care and treatment
  • You or your ex have become seriously ill, has been charged with a major crime, or has developed a serious addiction and can no longer be able to comply with the original custody and visitation arrangement.

The Children Are Getting Older

Another reason for the need to modify a divorce agreement is that the children are growing up and are developing new needs. Parents who separate when the children are too young for school are particularly likely to have to adjust parenting expenses and visitation schedules to accommodate schooling. It is also important to make the necessary adjustments to incorporate after-school activities such as homework, clubs, and sports.

New Financial Information Has Been Uncovered  

When creating a divorce settlement, both parties are required to disclose all their financial information in its entirety. The judge or mediator uses this knowledge to divide the assets and debts in the most suitable way. However, some people tend to hide some of their financial details, usually in the form of certain assets, to avoid splitting it up.

When this information comes to light, the original agreement might have to be revised. On the other hand, one of the parties might neglect to pay their share of a joint debt, prompting the other party to go back to court.

If you and your former spouse agree to modify your parenting arrangements, you must put the new changes in writing and submit them to court. A hearing might be held to confirm that everyone is comfortable with the modified terms. The judge then signs off the agreement and it becomes a court order.

It is advisable to hire an attorney to ensure that the new decree is worded accurately and that it is legally enforceable. For any assistance or legal representation in your case, the Law Office of Ray Garcia, P.A has got you covered. Get in touch now.