Once a divorce has been granted, are both parties bound by the terms of the divorce decree indefinitely?
Absolutely not. Sometimes, a material and substantial change in circumstances warrants what is called a “modification” of the original divorce decree. For example, perhaps the custodial parent of a child is unable to care for the child anymore and voluntarily relinquishes primary care and possession of the child to another party for at least six months. Also, the child at the age of 12 may decide that he or she would like to live with the other parent, and is permitted to make that decision by filing a written document with the court. Modifications are not only sought for a change in custody, but may also be sought for a change in child support. There are several instances in which a modification of child support may be granted. One such example would be if either the custodial parent’s income or the non-custodial parent’s income has substantially increased. If it is the custodial parent’s income that has increased, then this may warrant a reduction of child support obligations of the
