Once a divorce settlement is accepted by a court of law, it becomes a legally binding, enforceable court order. However, as time goes by, there may be aspects of the divorce settlement that no longer make sense given changing circumstances. There are steps that an individual in New Hampshire can take to obtain a post-judgment modification to an existing court order.
In addition to some parts of a divorce settlement no longer being applicable, some elements may not even be possible after a certain period of time has gone by. At this point, an individual has the right to pursue a modification to what the court has ordered him or her to do after the divorce.
A person who is required to pay a certain amount in alimony, palimony or child support may find him or herself at a lower-paying job. At that point, that person can file for modifications that change the amount he or she is required to pay each month.
If the two parties named in the divorce settlement do not consent to the modifications, the person seeking to make the changes to the agreement can petition the court. At that point, a family court judge will examine the original agreements, the circumstances that have prompted the request and make a decision regarding the motion for the modifications.
A client seeking to modify a court-ordered divorce settlement should hire an attorney who is well-versed in family court laws. A lawyer may thoroughly examine the original divorce settlement, the reasoning for the judge’s ruling and the circumstances that have created the need for a modification. At that point, an attorney can walk his or her client through the process of petitioning the court.