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When parties divorce, the terms of their agreement are
memorialized in a document called a Separation Agreement. This document will
specify the division of property to be awarded to each spouse, whether either
party is entitled to receipt of alimony, who will have legal and physical
custody of the children, and the amount of child support, if any, to be paid
by one spouse for the benefit of the minor child(ren). Under ordinary
circumstances, the division of property is deemed final and cannot later be
modified. However, the court retains jurisdiction over all issues relevant to
a child's well being, including child support, custody and visitation, each
of which can be reviewed and revised should later circumstances warrant it. Custody
and visitation arrangements can be changed at any time if either party can
prove to the court that there has been a substantial change in circumstances
such that the present arrangement is no longer in the child's best interest.
This process may be done jointly if the parties are in agreement about the
appropriate remedy, or it may be requested by either parent by filing a
Complaint for Modification. Child support may be modified if there has been a
substantial change in the child's financial needs or when there has been a significant
increase or decrease in one or both of the parent's incomes. All
material on this site is intended for general information purposes only and
does not constitute legal advice. For legal issues that arise, the reader
should consult legal counsel. Responses to inquiries whether by e-mail,
telephone or other means do not constitute legal advice nor do they create or
imply the existence of an attorney-client relationship. The
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