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Can You Modify an Order Post-Divorce?

If your circumstances have changed due to an important life event, you can request a modification to your divorce decree to help cope with the changes.

In most situations, the terms of a divorce are final, and each party is legally required to adhere to the terms of the decision or face legal consequences upon violation. However, some life changes can make it challenging to carry out the terms of the decision. For this reason, in North Carolina, you can seek the help of a modifications attorney to amend your divorce agreement.

A modification is the legal process by which one party amends a court-ordered decision. Keep reading to learn how it may be applied to your case.

When to Request a Post-Judgment Modification

A judge will only grant a modification if there has been a significant change in circumstance. Because there is no exact definition of what a “significant change in circumstance” entails, determination is left to the judge’s discretion.

A judge will usually grant a modification if there is:

  • loss of job or income;
  • substantial change in income;
  • amendment seeker is cohabitating with a new spouse;
  • illness that limits the seeker’s ability to generate income;
  • disability that limits the seeker’s ability to generate income;
  • relocation that affects the divorce agreement;
  • cost of living increase; and/or
  • some other dramatic life change.

Who Can File a Post-Judgment Modification?

Either ex-partner has a right to seek a post-divorce modification. If circumstances in either person’s life have changed, they can ask a court to modify the agreement. For example, if one person is required to pay alimony to the other and has lost their job unexpectedly, they could ask the court to modify the alimony requirements.

Child’s Best Interest

If a court is handling a modification request that has to do with child support, the wellbeing of the child comes into question. In addition to examining how a change in circumstance has affected a parent, a court will also look at how it affects the child’s best interests. A judge will only modify a child support order if not doing so would adversely affect the child.

For example, a court could change a child support order if it would hurt:

  • stability;
  • health;
  • wellbeing; or
  • education.

Schedule a Consultation Online Today!

If you have experienced a drastic change in your life, our attorney can help. We understand the emotional impact a legal dispute of this nature can bring to the table. Our goal is to take the legal strain off your shoulders so you can focus on healing your situation.

Call our firm at (704) 343-8811.