Either party may request a change to the original divorce judgment, whether the court entered the judgment or the parties entered into a marital settlement agreement. Generally, permanent alimony or child support awards are modifiable where a change in circumstances either of the payor or the payee has occurred. Also, a party can request a change in the timesharing schedule or parenting plan where events have occurred that render such a change in the child or children’s best interests. Provisions relating to equitable distribution; i.e. the division of property, cannot be modified except in certain circumstances.
It is very important that a modification of settlement be handled by experienced attorneys in marital and family law to guarantee that each side's best interests are represented in the new divorce agreement.
