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Understanding post-divorce modifications

Life does not remain unchanged following divorce and the family law court recognizes that fact which is why it provides the option to modify a post-divorce agreement. Modifications may be possible in circumstances of child support, child custody and spousal support. While the family law court provides resources to modify a divorce agreement that no longer workers for the divorced couple, modifications must be pursued through the family law court.

It is important that neither of the spouses simply chooses to ignore the divorce agreement and seeks a modification through the family law court. In certain circumstances, depending on the situation, a modification may be possible. Based on a significant, and previously unforeseen, change in circumstances a modification of a divorce order may be made. Significant changes can include the loss of a job or a change in medical insurance or a change in the needs of the child related to medical expenses or child care needs.

Child support, child custody and spousal support may all be subject to modification. Circumstances that may be considered a significant can include a new job; the loss of a job; retirement; remarriage; cohabitation or a major illness or injury. In child support circumstances, in general, either a major change in the circumstances of the child or parents may allow for a modification.

Life can change quickly and make fulfilling obligations in a divorce agreement challenging down the road. As a result, it is important that parents seeking a modification of their divorce settlement know how to seek a modification and in what circumstances a modification may be granted.

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