5 Instances Where You Might Need to Modify the Original Terms of Your Divorce

Once a divorce agreement is put in place many people mistakenly think that everything is set in stone and that they will never have to revisit the terms. In reality, however, there are many times when it may be necessary to modify the original terms of this agreement—a process which oftentimes requires complex legal intervention if either party disagrees with the proposed changes. Learning about some of the many instances when a modification can take place can help to show why it is possible, and how it should be done.

Loss of Income

If you have had a significant loss of income due to a job loss or change, it may be appropriate to request a modification to your divorce agreement. This is especially true if you are currently paying child support or spousal support as part of this agreement. The courts can look at your current situation and make adjustments as necessary to ensure your obligations to your children are met, but in a way that is reasonable based on your new income.


When either party wants to move more than a short distance away it is almost always necessary to have the divorce agreement modified. A custody arrangement for any children will need to be modified to meet the new situation. This can include requiring the parent who moved further away to do the majority of the driving, or set up a place in the middle of the two homes to make it easier for everyone involved.

One Party gets Remarried

When one of the ex-spouses gets remarried it can have a big impact on the current divorce agreements. For example, if a spouse who is receiving spousal support gets remarried, their spousal support will come to an end. If there are new children brought into the family due to the marriage, it can also impact the child support and custody arrangements in many cases.

Health Changes

If one of the parents has a significant change in their health, this can warrant a change in the agreement. When there is a fatal illness involved, for example, the courts will often grant them additional parenting time so they can see the child as much as possible in the time they have left. On the other hand, some illnesses make it difficult or impossible to properly care for children, which would require a modification of the divorce agreement.

Children Growing Up

As children get older, their needs are going to change significantly. When a child gets old enough to begin attending school, for example, it will typically be necessary to adjust the child custody arrangement. Every few years there can be significant changes in the needs of the children, and keeping the custody arrangement up to date to reflect these changes is very important.

We’re Here to Help

Whether you are looking to modify your current divorce agreement, or you want to fight an unreasonable request for a change made by your ex, we are here to help. Contact John M. Totten, P.C. to go over all your options and see how we can help you with all your modification needs.

John M. Totten