What is a post-divorce modification?

A post-divorce modification is an agreement or court order that changes the terms of a divorce settlement. In Alabama, post-divorce modifications are made when one of the parties to the divorce agreement wants to change the terms of the original agreement. This could include changing child support payments, division of assets, or the parenting plan. In Alabama, either spouse can file a request for a post-divorce modification with the court. The filing spouse must provide evidence of a significant change in circumstances that has taken place since the original divorce settlement. Examples of a significant change in circumstance can include an increase or decrease in income, changes in the physical or mental health of either parent, changes in the residence of either parent, or changes to the child’s needs. Once the filing spouse has provided evidence of a significant change in circumstances, the court will consider the request for a post-divorce modification. If the court finds that a modification is appropriate, it will order a new agreement that reflects the changed circumstances and is consistent with Alabama state law. The court can also order a hearing or mediation to resolve the dispute. Once the hearing or mediation is complete, the court will issue a new order based on the new agreement.

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