Whether your divorce is difficult or relatively easy, it is always a relief to finally get your divorce order from the courts, and finally be done with it. While an original divorce agreement will likely establish the terms for quite some time going forward, there are situations where it will be necessary to make adjustments. Fortunately, modifying your original divorce agreement is not nearly as difficult as getting through the divorce in the first place, but you must have the necessary grounds to request a modification which include a substantial, permanent and unforeseen change in circumstances.
Read through several key situations where it may be necessary to have your original divorce agreement modified so you can be prepared should you face any of them.
Children Getting Older
One of the most common reasons for needing to have a divorce agreement modified is that children are growing up and their needs are changing. If you got a divorce while the children were too little for school, for example, it will likely become necessary to make changes to the parenting expenses and time schedules to accommodate the schooling. Adding in after-school activities like clubs, sports, and homework can also necessitate a change in the order.
One Party is Moving
If you or your spouse has to move a long distance away, it will be necessary to have the order adjusted. When both parents live relatively close together, having the child go back and forth is fairly easy. When the distance is more than about 25-30 miles, however, it needs to be factored in to ensure both parents can have as strong of a relationship as possible with the kids.
Significant Change in Income
A significant change in income for either party often makes it appropriate to have a divorce agreement modified. If you lose your job, for example, you may no longer need to pay the same level of child support as when you were working. Likewise, if your spouse gets a significant increase in pay, they may have to pay more child support, or you might not have to pay as much. There are calculations used to determine how much support should be paid, so speak with your attorney to see if the change in income for your situation should trigger a change in your divorce agreement.
In the event that either parent experiences a serious health problem, it could require a change to the agreement. If, for example, one of the parents is diagnosed with a terminal illness, the courts are likely to grant them additional time with the child to help strengthen the relationship during this difficult time. In other cases, if a parent becomes unable to properly provide care due to an illness, the courts may factor that into a new parenting time arrangement.
Get Help with a Divorce Agreement Modification
If you are facing any of these situations, or you believe you have another event that may require a change to your divorce agreement, we are here to help. Whether we helped you with your original divorce or not, we want to be there for you for this important modification. Contact the Vasquez de Lara Law Group [Link to CONTACT US page] to discuss your situation, and how we can help you.