Can I Modify My Divorce Settlement After It’s Finalized?
Yes, you can modify certain parts of your divorce settlement after it’s finalized in Pennsylvania. For example, a significant change in income could justify modifying child support payments, while property division is generally final.
If your situation has changed since your divorce, you might want to know whether your agreement can be updated. Our divorce attorneys at Crouthamel Law help clients in Lehigh County understand which arrangements can be changed and how to request a modification.
Which Parts of a Divorce Settlement Can Be Changed?
A divorce settlement is a written agreement that outlines how you and your spouse will divide property and debts, along with arrangements for financial support and your children.
Parts You Can Modify
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Child support: Changes in your income, such as losing your job, or increased medical expenses for your child could justify adjusting child support payments.
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Child custody: You can request a custody modification if you’re relocating or your new work schedule affects your child’s living arrangements. The court must determine that the change is in your child’s best interests.
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Court-ordered alimony: If you lose your job or experience a significant drop in income, you can ask the court to change your alimony payments.
Parts That Generally Can’t Be Modified
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Property division and marital debts: How you divided property and debts is generally final unless your divorce agreement allows changes.
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Alimony established through a divorce settlement: The court generally can’t change these payments. Your agreement must specifically allow modifications.
How to Request a Change in Lehigh County
You can ask the court to modify an existing custody or support order even if your former spouse doesn’t agree. You’ll need to file a request with the court to change your order.
For child support, you can file a modification petition through the Lehigh County Domestic Relations Section, either online or in person. For custody, you’ll need to file a Petition for Modification with the Lehigh County Court of Common Pleas. You can find the forms and filing instructions on the county’s Child Custody Self-Help Center.
You’ll also need information to support your request. For example, recent pay stubs or tax returns can help document changes in income, while an updated work schedule can help explain why you’re requesting a custody change.
Once you file your request, the court will schedule a conference or hearing to review the proposed changes. In custody cases, the court’s process includes an opportunity to reach an agreement before a judge decides any unresolved issues.
Let Crouthamel Law Guide You Through the Process
If you’re considering changes to your divorce agreement, speaking with an attorney can help you understand your options and determine the best way to move forward. Our attorneys can review your agreement and explain how Pennsylvania law applies to your situation. Contact our team or call 610-428-3386 to discuss your case.