Is it Possible to Modify the Terms of Your Divorce?
When you reach a final divorce agreement with your former spouse, you try to outline an arrangement that will protect your best interests now and in the future. The problem is that it’s very difficult to predict your future needs, and your circumstances could change to such a degree that it’s necessary to modify the terms of your divorce.
In Connecticut, it is possible to seek a post-divorce decree modification related to child custody, child support and alimony agreements. This is often the case when a noncustodial parent had a well-paying job at the time of the divorce, but was laid off and can no longer afford child support or alimony payments. Another common situation involves parents who need to change their schedules for work, and thus must modify their child visitation and time-sharing arrangements.
To change a custody agreement successfully, you must demonstrate that there has been a substantial change in circumstances that makes the original custody order impossible to uphold in the children’s best interests. This might occur if one parent has changed jobs, has to relocate to a different state or if there is evidence of abuse or a declining mental state. It should be noted, however, that courts typically accept proposed custody modifications when both parties agree to the terms.
When it comes to child support and alimony, you must demonstrate a substantial change in your own financial circumstances or those of the other parent in order to achieve modification to an order. Acceptable changes in circumstances might include the loss of a job, the other parent going back to work and earning more income or extraordinary expenses due to illness or medical treatment.
Modifying the terms of a Connecticut divorce or parenting plan can be a challenging process, especially if you and your ex are not in agreement. Be sure to work with an experienced family law attorney who can help you achieve your goals.