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Changing Divorce Settlements
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Two important elements of the divorce settlement are spousal
support (also known as maintenance or alimony) and child
support. When conditions change the overall financial climate, employment
and health of either former spouse, lifestyle or relocation of either former
spouse, health and educational needs of children - courts may be willing to alter
the divorce settlement.
Custody and child support arrangements can be modified,
but even if both parents agree on all the details the modification must be
approved by a judge.
If parents don't agree to the proposed modification, a court hearing is
necessary. Generally, courts will award a permanent modification when:
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Remarriage results in additional income for either parent
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Either parent changes jobs
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Either parent suffers disability
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Child support laws change
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Needs of child change
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In addition, the court may order a temporary modification in the event
of:
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Child's medical emergency
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Payer's temporary inability to pay due to job loss, illness,
medical emergency
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Recipient's temporary economic or medical problem
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Following the final decree, parents can agree to modify custody or visitation
arrangements without court approval. However, if either parent later violates
the modified agreement (or "stipulated modification"), the other
parent may not be able to enforce it. Consequently, it is advisable to seek
court approval of any modifications.
If parents don't agree about modifying the existing court order, the
parent who seeks the modification must file a motion in court. Ordinarily,
the agreement will not be approved unless the parent requesting the change
passes the "material change in circumstances" test. An example of
material change would be a geographic move by the custodial parent that
removes the child from proximity to the non-custodial parent and outside the
court's jurisdiction. Or, there may be a lifestyle change that threatens the
child, as when the custodial parent starts drinking heavily or taking drugs.
Raising maintenance/alimony payments
Courts normally approve an increase in alimony payment for the following
reasons:
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Inflation or long-term increases in the cost of living
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Injury or illness renders alimony recipient incapable of
working
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Alimony recipient loses job
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Illness of child requires additional care
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Lowering maintenance/alimony payments
Courts normally approve a decrease in alimony payment for the following
reasons:
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Alimony payer retires
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Illness or disease prevents payer from working
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Payer loses job and can't locate similar position
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Economic downturn harms payer's business
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Community: Changing
Divorce Settlements
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Family Law - Post
| More
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Subject:
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Cost
of Custody Suits
By
judi migliore, April 09, 08:53 A.M. EST
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Termination
of mother's rights/adoption by step-sister
By
Frieda Hawkins, April 09, 02:16 A.M. EST
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I
was not notified of hearing for Final Parenting Plan
By
kay liles, April 05, 03:03 P.M. EST
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Property
(other than Home) settlement
By
P Wians, April 04, 01:57 P.M. EST
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name
change of a minor
By
Heather Baker, April 02, 09:53 P.M. EST
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Sorry
I got errors and didn't know they all posted
By
james donovan, April 02, 04:29 P.M. EST
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My
brother is taking money from my 7 year old
By
james donovan, April 02, 04:27 P.M. EST
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My
brother stealing from my daughter
By
james donovan, April 02, 04:24 P.M. EST
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HELP!
My brother is stealing from my 7 year old daughter
By
james donovan, April 02, 04:16 P.M. EST
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My
brother is using JTWROS to steal from my 7 year old daughter
By
james donovan, April 02, 04:15 P.M. EST
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.gif)
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50% of divorces are considered "good divorces"
where the couple maintains a friendly relationship.
The top three reasons for post-divorce
litigation are errors, omissions, and oversights in
the original agreement.
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