What is a post-divorce modification?
A post-divorce modification is a legal change to a divorce agreement that has already been finalized in a court of law. This type of modification is used when circumstances have changed after the divorce has been finalized, making parts of the original agreement unfair or no longer applicable. In North Carolina, post-divorce modifications can involve changing child support or custody arrangements, or altering alimony payments. In order to get a post-divorce modification approved, the spouse requesting the change must provide evidence that there has been a material change in circumstances since the divorce occurred. This might include a significant change in income of one spouse, a relocation, or a change in the health of a spouse or child. The other spouse must also be given notice of the modification request and the opportunity to be heard. Once the court has heard both sides of the argument, a judge can grant the modification if they determine that it is necessary. The judge will decide how the modification should be implemented, taking into account the best interests of any dependent children or spouses. If the modification results in a significant change to the original divorce agreement, a court order must be issued to make it legally binding.
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