It’s not entirely uncommon for there to be modifications made to the divorce decree after the divorce judgment. There can be unforeseen circumstances that bring about changes in a person’s life. Sometimes these circumstances can be beyond a person’s control and may require changes to the divorce decree. Parents may need to change, say, the amount of child support paid, or custody arrangements. Modifications can be difficult to obtain, but are possible when represented by the right matrimonial attorney. Stephanie has a proven track record and the experience necessary to represent you successfully should modifications arise after a divorce.

Modifications require the case be brought before a judge. The parties must provide evidence and proof in court before the judge will make any changes to the original divorce decree. Property division and debt allocation cannot be changed unless the decree allows and courts are generally reluctant to revisit those issues. If an ex-spouse waived spousal support or maintenance in the decree, then it will be very difficult to obtain support at a later support, even if circumstances change.

Common Reasons for a Modification

• A child’s needs have changed and support payments or custody arrangements need to be modified to meet the new needs. For example, a child’s needs may change as he or she grows older.
• A change in a parent’s income, for example one parent may see an increase in his or her income and the other parent wants to request additional support.
• A parent may lose a job and have his or her income suddenly reduced.
• A parent may have moved to a new city or state and a new custody agreement may need to be reached.
• A parent may need to relocate and the other parent wants the court to prevent the move.
• The parent with custody has demonstrated that he or she is unable to provide the appropriate care necessitating changes to the custody agreement.

Divorce Decree Modification Through Informal Agreements
Parents may agree between themselves to modified terms, such as reduced child support or spousal support. However, these informal agreements between two parents do not change the terms set forth in the original divorce decree. Therefore, if one spouse agrees to accepting lower support payments but later changes his or her mind, that spouse can overturn the informal agreement and enforce the higher amount originally stipulated for in the divorce decree. The paying spouse must revert to paying the original amount. The paying spouse may also be forced to pay all arrears. It is always advisable that you seek qualified and experienced legal representation and have the decree modified by a new court order.