Gregory S. Johnson, Attorney at Law
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When does a divorce settlement need modifying

Whether you have negotiated the terms of your divorce settlement through mediation or a court-appointed judge has determined factors involving property distribution, child custody, child support, parenting plans and alimony, the settlement is not always set in stone. A situation may arise where you require a modification to your divorce settlement. While not all changes may be accepted as valid reasons to enter into the modification process, there are certain instances in which a modification may be approved.

One common reason for a divorce modification is that the child custody arrangement has changed. One parent may have moved a considerable distance from the child or may have been sentenced to prison. In this case, a revision of the parenting plan is needed. The judge may change the custody status from joint custody to sole custody or vice versa depending on the specific circumstances surrounding the case. Keep in mind that all changes made to the parenting plan should act in the best interests of the child. Changes involving residence, healthcare and education should be carefully considered before making changes.

Child support can also be modified if a parent has either lost a job or received a promotion. This amount can be decreased or increased depending on the change of income. Similarly, alimony payments can also be modified or terminated altogether. If a spouse remarries or reaches the end of an alimony period, the divorce settlement may be changed to reflect these monetary changes.


This information is intended to educate and should not be taken as legal advice.


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