Post-Divorce Modifications

Neither marriage nor divorce lasts forever, and it’s common for parties to return to court for enforcement of agreements or to request changes, known as modifications. While enforcement is usually straightforward, the reasons for modifications are less obvious.

Common reasons for modifications include:

• Changes to custody or parenting schedule
• Request to relocate a child out of state
• Adjustments to support payments
• College tuition payments

Additional post-divorce “haunts” and unresolved issues or changes:

• Who gets what assets and who has obligations to others, be it individuals or institutions
• Money paid over time by one party to the other for child support and/or spousal support
• Responsibility for health insurance and/or life insurance
• Liability for children’s education
• Tax obligations and entitlement to deductions

To request a modification, the person seeking it must prove a material change in circumstances since the original divorce agreement. At CMDR, clients often have clauses requiring mediation before seeking legal action.

Mediation is also used to resolve disagreements unrelated to a breach of the agreement, providing a neutral space for ex-spouses to discuss issues safely and productively.