Many people believe that once a divorce agreement is signed by a judge, it is set in stone. However, certain parts of a divorce decree can be changed even after it’s been finalized, under specific legal circumstances. Understanding the reasons why a court may modify a settlement agreement and the process of requesting a change is crucial in protecting your legal rights and options. For more information and to secure skilled legal counsel, read on and speak with an experienced Dallas County post-judgment modification lawyer today.
Can My Divorce Decree Be Changed After It’s Been Finalized in IA?
Yes, a divorce decree can be changed after it’s been finalized in Iowa. While the final judgment is legally enforceable and binding, courts have the authority to modify certain parts of the agreement. However, it is important to understand the specific legal requirements and caveats that may apply. Not every aspect of the agreement can be modified, and a court will only approve a change under specific circumstances.
What Parts of a Divorce Decree Can Be Modified?
Under Iowa law, only alimony, child custody, and child support can be changed. Property division, debt allocation, and any financial decisions made through equitable distribution are generally not subject to modification as they are based on each party’s financial situation at the time of the divorce. Life changes over the years do not affect those terms.
Iowa Code § 598.21C permits state courts to modify child and spousal support orders. According to this legislation, these parts of a divorce decree can be altered when there is a substantial change in circumstances that warrants a modification. Ongoing obligations can be altered because life changes may render past agreements unreasonable or impossible to enforce.
When Will a Court Approve a Modification?
As established, courts will only allow modification of a child custody, child support, or spousal support order if there is a significant change in life circumstances. When determining whether a change is substantial enough to warrant modification, the court will consider the following factors.
- Changes in employment, earning capacity, income, or resources
- The receipt of an inheritance, pension, or other gift
- Changes in a party’s medical expenses
- Changes in the number or needs of a party’s dependents
- Changes in a party’s physical, mental, or emotional health
- Changes in a party’s residence
- Remarriage of a party
- Possible support of a party by another person, like cohabitation
- Changes in the physical, emotional, or educational needs of a child
- One party’s contempt of a court order
The above and any other factors deemed relevant by the court will be considered to determine whether there has been a material change in circumstances that warrants a modification of the divorce decree.
To learn more and secure skilled legal representation, reach out to an experienced family lawyer today.
