It is not uncommon for life’s circumstances to change after a separation agreement or other family-related agreement has been signed. Financial circumstances may change, a parent may wish to relocate out of the immediate area, or a child’s needs may change. In such circumstances, a party to a separation agreement or other family-related agreement may wish to revisit the terms of that agreement. An agreement, however, may only be modified with the consent of both parties. In these situations, thoughtful negotiations may accomplish the goal of modifying a prior agreement by striking a new deal.
With respect to modification of the child custody or child support provisions of an agreement, it may be advantageous to initiate proceedings for the court to decide the issue of child custody or child support when the other party to the agreement is unwilling to modify its terms. In these circumstances, the court retains authority over the issues of child custody or child support to safeguard the best interest of the children, regardless of the fact that the children’s parents have signed an agreement resolving the issue of child custody or child support.
To learn more about modification of existing family-related agreements, contact Chapel Hill Family Law by phone at (919) 419-1244 or by e-mail at info@chapelhillfamilylaw.com.