When you finalize your divorce, the court will issue a legal decree stating the agreed-upon terms of the proceedings. While this decree serves as a final judgment, there may be times when you need to modify the terms of your divorce.
Going against the terms of your divorce decree may seem acceptable if you form a verbal agreement with your ex-spouse, but the correct procedure is to request a formal post-divorce modification when the need arises.
Can I modify child support responsibilities?
Many post-divorce modification requests relate to child support, and there are certain circumstances in which such changes will meet approval. If you are the custodial parent and you discover that your ex-spouse has a higher income, you may request an increase in child support payment. If you are the parent responsible for making payments and your income has lowered, you could be eligible to request a decrease in child support obligations.
What can not change in a post-divorce modification?
Most of the terms outlined in a divorce decree are final and not subject to modification. This is particularly true of decisions made regarding the division of marital assets. An exception may occur upon the discovery of one spouse hiding marital assets after the divorce. In such a case, a post-divorce modification might be necessary.
Bringing up the topic of post-divorce modifications can be a sensitive endeavor. If you decide it is necessary to move forward with changing the terms of your divorce, a divorce attorney can help you decide how to proceed.