When separated individuals have children, support payments can be decided by the court. There are some cases in which, over time, one parent may request to modify the payment amount. This modification can either be an increase or a decrease in the amount of the payment. Situations in which a modification may be requested can include:. Similar to child support, one spouse may owe the other support payments, or alimony. Modifications can be made to this in the event of:. A parenting arrangement or schedule may also be changed.
Similar to other marital issues, one or both of the parents must prove a major and ongoing change in their life in order to change the arrangement. To determine if a modification should be made, both sides will present their case for or against the change and make a decision that is in the best interest of the child.
Reasons for modification may include:. Your lawyer can ensure that your agreement is specific enough and covers all of the issues, or they can fight for your rights and attempt to get you the changes that you desire. Contact us today for a consultation at Enforcing a Separation Agreement Once you and your spouse have signed the agreement, it becomes a legally binding contract that both of you must abide by. Are Separation Agreements Permanent? First Name: Please enter your first name. Please enter your last name.
This isn't a valid phone number. Regarding overturning separation agreements, this is an almost impossible process. The courts are the best place to attempt it. The level of difficulty in overturning separation agreements varies in each state. For instance, in some states there are only two things that can get an agreement overturned by the court.
The first is if a spouse signed under duress. This means that if the spouse was forced to sign through the threat of violence. The second is that the agreement is deemed unconscionable. This means that the person who signed was not of sound mind.
Both of these claims are difficult to prove. For instance, duress requires that extreme behavior was taken to get a spouse to sign. This would cover having a gun held to the head of one spouse by the other. Call New Direction Family Law today at to schedule an appointment, or contact us at our website. This website presents general information about New Direction Family Law and is not intended as legal advice nor should you consider it such.
To obtain legal counsel or legal services from New Direction Family Law, you must first establish an attorney-client relationship with the firm. Until you do so and execute a Contract for Legal Services, you have not hired an attorney and have not become a client of the firm.
Whether you are a new or existing client of the firm, we cannot represent you on a new matter until the firm determines that there is no conflict of interest and that it is willing and otherwise able to accept the new engagement. Separation Agreements must be in writing, signed, and notarized in North Carolina.
Both parties voluntarily agree to change the agreement.
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