Could a divorce agreement undergo modifications?

| Mar 9, 2021 | Uncategorized |

Spouses may arrive at a divorce agreement after extensive negotiations. The agreement might not reflect the final end to the proceedings. One spouse, or both, could seek to make changes. Mississippi law may afford spouses the ability to make changes to some aspects of the agreement. Doing so likely involves going to court and petitioning for changes.

A change in circumstances and a change to agreements

A divorce agreement may list a monetary amount for child support and alimony. At the time, one spouse’s fiscal situation seemed more sound. Years could pass, or even merely months, and the ex-spouse may suffer from a dramatic decline in income. A serious medical affliction could contribute to decreased earnings and increased bills. Of course, there might be many other examples of why someone’s finances turn negative. Regardless of the reason, the ex-spouse might seek changes to initial child and spousal support agreements.

An ex-spouse could seek modifications for other reasons. The custodial parent may incur more expenses for the child, including those related to healthcare and education. Petitioning for more funds may help address the new costs.

Troubling factors may move a parent to request changes in custody agreements. A custodial parent may marry a new spouse who proves neglectful to the child, prompting a new custody petition. A parent may struggle with substance abuse issues, leading to requests for supervised visitation.

If a compelling reason exists for the court to agree to changes, then the court may rule in the petitioner’s favor. The petitioning spouse must follow established procedures for modifying agreements, per state law.

Petitioning for changes on an initial divorce agreement

Making a formal request to modify an initial divorce agreement’s terms involves providing evidence. If someone’s financial situation worsened, then proof supporting such claims becomes necessary. The court could review the request and the supporting evidence to decide.

Mississippi residents need to be aware that property settlement agreements may not be subject to modifications. An attorney might be able to answer specific questions about divorce agreement modifications. The attorney could go into detail about Mississippi law.