Modifications of Prior Agreements
Life does not stand still. While your past agreement may have been equitable five years ago, certain parts of the agreement may now be unfair under the circumstances and need modification due to children graduating, your spouse obtaining a better paying job, and/or the fact that the children now live with you most of the time.
An Order regarding child custody and child support is always modifiable based upon a material change of circumstances that has occurred since the time of the prior Order that was not previously contemplated. Additionally, alimony is typically modifiable based upon a material change of circumstances unless a party previously agreed to a non-modifiable clause in a prior settlement agreement. In contrast, a Final Order of equitable division or property division is not modifiable.
At Rosen Hagood, we have helped numerous clients modify a prior agreement or Order based upon a material change of circumstances that has occurred since the time of your prior order. The key issue in such cases is whether or not the totality of the facts amount to a material change of circumstances that would legally justify a modification of a prior order. We will help you examine the factors of your distinct situation to determine whether it is appropriate to seek a modification.