Things do not stay the same following a divorce and the family law system recognizes that. As a result, the family law system provides resources to help divorced couples pursue modifications of their divorce agreement when and if needed. Rather than resorting to conflict, it is helpful for divorced couples to be familiar with these resources, what they can do for them and how to access them.
Modifications can relate to many divorce-related issues including spousal support, child custody or child support following a divorce. The process of seeking a modification provides flexibility as a divorced couple’s lives and circumstances change. It is important to seek any requested modification from the family law court and always keep in mind to continue to follow the divorce agreement associated with the divorce decree until any requested modification has been approved by the court.
A modification of a divorce agreement may be granted based on a substantial change in circumstances of one of the parties, a parent or the child. Whenever a change is being made concerning children, the best interests of the child will be carefully considered. Common events that may be considered significant changes warranting a modification include the loss of a job, loss of income, an increase in income, remarriage or a change in where one of the parents lives.
Because spousal support, child custody and visitation and child support modifications are not valid until they have been granted, it is important to promptly seek a modification from the family law court when one is needed. The family law process recognizes that life changes so it provides a process for a divorce agreement to change along with life changes when needed and when warranted.