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What is a Post-Divorce Modification?

After a divorce is final, a family can move on with their life. Over time, they are usually presented with certain changes, causing life to not be the same as it was at the time of the divorce filing. It is because of this that the former spouses’ settlement agreement may no longer suit their current situation. It is because of this that one or both individuals may request a modification. When dealing with these matters, it is important to retain the services of an experienced attorney.

What Justifies a Modification?

When a person wants a post-divorce modification, they need the approval of the court. In order to obtain this, they are required to prove that there is a significant and ongoing change in circumstances. The following are some reasons as to why a former spouse may want a modification:

  • Their child reached adulthood and no longer requires child support payments
  • Their child has reached college age and the court must determine financial responsibility for college tuition and additional expenses
  • They or their former spouse are now cohabitating with another person, it may call for a spousal support modification
  • If their child has a change in his or her schedule, parenting time and child custody terms may need to be adjusted 
  • If they or their former spouse received a promotion, demotion, or is unemployed, disabled, or has had their job terminated
  • If they or their former spouse expose your child to domestic violence, serious mental illness, substance abuse, or any other example of questionable parental fitness, there will most likely be an adjustment made to the child custody terms of your divorce

What Can Be Modified?

As previously mentioned, a former spouse has the right to request a modification of their marital settlements. This includes child support, child custody, or alimony payments. In order to receive a modification, the individual is first required to prove their claim to the court. This can prove to be a detailed process, which is why it is important to retain the services of an experienced attorney for assistance. 

With an attorney, an individual can gather any necessary evidence of the change in their life that requires the modification. This can include tax returns, financial documents, police reports, school records, and more, depending on your individual circumstances. This evidence can be beneficial to present a compelling case to the court. If both former spouses can agree to the modification, they can submit a consent order to the courts. Once this is reviewed, it can be approved to legally modify the terms of the divorce. 

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.