Changing Divorce Settlements

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:

Remarriage results in additional income for either parent

Either parent changes jobs

Either parent suffers disability

Child support laws change

Needs of child change

In addition, the court may order a temporary modification in the event of:

Child's medical emergency

Payer's temporary inability to pay due to job loss, illness, medical emergency

Recipient's temporary economic or medical problem

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:

Inflation or long-term increases in the cost of living

Injury or illness renders alimony recipient incapable of working

Alimony recipient loses job

Illness of child requires additional care

Lowering maintenance/alimony payments
Courts normally approve a decrease in alimony payment for the following reasons:

Alimony payer retires

Illness or disease prevents payer from working

Payer loses job and can't locate similar position

Economic downturn harms payer's business

 

Community: Changing Divorce Settlements

Family Law - Post | More

 

Subject:

Cost of Custody Suits
  By judi migliore, April 09, 08:53 A.M. EST

 

Termination of mother's rights/adoption by step-sister
  By Frieda Hawkins, April 09, 02:16 A.M. EST

 

I was not notified of hearing for Final Parenting Plan
  By kay liles, April 05, 03:03 P.M. EST

 

Property (other than Home) settlement
  By P Wians, April 04, 01:57 P.M. EST

 

name change of a minor
  By Heather Baker, April 02, 09:53 P.M. EST

 

Sorry I got errors and didn't know they all posted
  By james donovan, April 02, 04:29 P.M. EST

 

My brother is taking money from my 7 year old
  By james donovan, April 02, 04:27 P.M. EST

 

My brother stealing from my daughter
  By james donovan, April 02, 04:24 P.M. EST

 

HELP! My brother is stealing from my 7 year old daughter
  By james donovan, April 02, 04:16 P.M. EST

 

My brother is using JTWROS to steal from my 7 year old daughter
  By james donovan, April 02, 04:15 P.M. EST

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

COLA clause:

Many child support orders contain COLA (cost of living adjustment) clauses that increase payments annually according to an annual index, such as the Consumer Price Index (CPI).

 

 

 

 

 

 

 

These books from the USLaw.com store can help:

Child Custody Made Simple: Understanding the Law of Child Custody and Child Support
by Webster Watnik

The American Bar Association Guide to Family Law: The Complete and Easy Guide to the Laws of Marriage, Parenthood, Separation, and Divorce

Child Custody: Building Agreements That Work
by Mimi E. Lyster

 

 

 

 

 

 

 

Check out these articles:

Maintenance/Alimony/
Spousal Support

Child Support Survival Guide: Modifying Existing Support Orders

Child Support Survival Guide: Introduction, Table of Contents

Choosing A Divorce Attorney

 

 

 

 

 

 

 

Alliance for Non-Custodial Parents Rights

http://www.divorcenet.com/index.html
Divorce resources, state-by-state.

divorcesource.com
Divorce information and services.

Divorce Central
Divorce laws and resources

Child Custody: An Overview

Federal Office of Child Support Enforcement

 

 

 

 

 

 

 

 

Learn what legal terms really mean!

 

 

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