It’s not unusual for parties to decide, days, months or years after finalizing their divorce or custody case, that they are no longer happy with the terms that were originally agreed upon or ordered by the Court.
But when can you actually do something about it?
Well, unfortunately, not everyone with buyer’s remorse can modify the terms of their custody or divorce agreement/judgment. In order to seek a modification, you must show that “a material change in circumstance” has occurred.
But, what does that mean?
Well, this could mean many things. In fact, there are countless scenarios in which the Court could modify your Agreement:
- An increase or decrease in income of either party
- A change in custody arrangements
- A child going to college full time
- The needs of a child changing, possibly due to a disability or illness
- The party paying alimony reaching full retirement age
- The party receiving alimony getting married or moving in with a significant other
- Your child no longer being dependent upon the party receiving child support
- A change in who pays for health insurance
- A parent’s behavior becoming dangerous to the child
- If you are paying alimony, but your divorce agreement was entered before the Alimony Reform Act in 2011
- A change in law regarding child support
Above is just a snap shot of reasons why one might consider filing a Complaint for Modification. For further inquiry and if you have additional questions or a different scenario of facts, call our office and we would be happy to set up a time to discuss your options with you.
