Often times after a divorce has been finalized, certain portions of a settlement agreement or judgment of divorce need to be modified due to changes in circumstances. Incomes may increase or decrease. One of the former spouses may lose a job. A child may need additional care because of health issues. A parent or home environment may become unfit. Life happens – and court orders may need to be modified to meet the changes life brings.
In Alabama, modification of a divorce decree requires that there be a “change in circumstances” since the last order in the case.
Property settlements are not modifiable by the Court more than thirty (30) days after the entry of a Judgment of Divorce
Child support, custody, visitation, and alimony are always modifiable
It is not sufficient for two former spouses to simply agree to a change in support, custody, visitation, or any other aspect of the court order. The agreement must be reduced to writing and filed with the Court so that the Court can recognize the modification and enforce the same later if necessary.
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