Virginia Divorce Agreement Modifications 

Often, a person can come to an agreement during a divorce and then later to regret it. Or situations may arise that require a modification to the agreement reached during the divorce in Virginia.

To get a modification in your divorce agreement there are certain legal requirements that must be shown by the person requesting a modification.

Meeting with and getting advice from a Virginia divorce lawyer can help you understand what you need to show in order to get a modification for your divorce agreement and what the overall process is. A qualified attorney can help you through the process.

Types of Divorce Agreement Modifications in Virginia

When it comes to property division, there is generally no divorce modification in Virginia because these decisions are usually considered final. However, modifications can be made when it comes to spousal support agreements.

Furthermore, when children were involved in the divorce, there may be a modification for child custody. Going along with this, there may also be a modification for child support payment agreements.

Spousal Support Modification

With a spousal support agreement, if the agreement was in regards to a lump sum, it is unlikely that the court will modify that amount since it is not an ongoing payment. For payments that are periodic, spousal support can be modified. In order to modify a spousal support agreement, there must be a material change in circumstances from when the award was originally made. Or, an event must have occurred that the court did not take into consideration when making the original support order.

When deciding whether to increase or decrease the amount of spousal support the court will look at the same factors when awarding spousal support. Some of these factors include the earning capabilities of both parties, their education levels, and the employment they currently have. Often spousal support is awarded and later modified if one spouse obtains a different job.

Child Support Modification

Generally, child support is more difficult to modify because the support is for the child and not for another, independent adult. However, if the support payment was based on a shared custody formula and one parent consistently fails to exercise their custody or visitation time then that payment amount may be increased or decreased.

Another factor that the court may consider when deciding to modify child support in Virginia is if there are now more children that the paying parent has to support. Again, in order to modify child support, the person requesting the modification must show that there has been a material change in circumstances from when the child support order was first provided.

Child Custody Modification

In order to modify a child custody agreement, once again, a person will have to show that there was some significant change from when the agreement was first made. Then they have to explain why changing custody would be in the best interest of the child or children involved.

Consult with a Virginia Divorce Attorney Today

Just because you came to a certain agreement during your divorce does not mean that you have to be bound to it forever. If you can show that there was a significant change in your circumstances from the time of agreement to now, you may be able to have your agreement modified. However, a Virginia divorce attorney would be able to best represent this argument on your behalf.  For more information on Virginia divorce agreement modifications, contact a skilled lawyer.