Can I Modify My Divorce Settlement?
A divorce settlement, which details issues such as child custody and alimony, is a binding contract. Once a contract is signed and becomes court-enforceable, it’s pretty difficult to go back and change the terms. However, life doesn’t remain static. A lost job, relocation to another state and other circumstances necessitate change, which is why you have the legal right to file a motion to modify or even an appeal to change your divorce agreement.
Child Support, Custody, & Alimony
If you are ordered to pay child support, and you lose your job or have more children with your new spouse, you can file a motion to modify the child support order. Custody can also be modified if one parent relocates or they become unfit to be responsible for the child, due to addiction, mental health or an arrest. Finally, you can ask the court to change how much you pay in spousal support, or alimony. If they start earning a higher level of income, for example, you can provide documentation to have the amount diminished or terminated.
Courts make errors, but when they do, it can have long-lasting consequences. In these circumstances, you may be able to file an appeal, in which you ask a higher court to review your original case to decide if mistakes were in fact made. The mistake can’t be subjective; you must be able to prove that the law was misapplied. A few examples include the court improperly detailing how much money you make or not allowing important evidence to be included in your case.
If a divorce settlement is approved by the court, it can be difficult to change, which is why you need an experienced Omaha divorce attorney by your side. At Carlson & Burnett, we strive to minimize the stress you face when dealing with these kinds of issues. If you want someone in your corner who has your best interests in mind, don’t hesitate to reach out.
Call (402) 810-8611 or contact us online today to learn more.