January 2012 Content – Marital Settlement Agreement Modifications


When a married couple petitions for a divorce in the state of North Carolina, the marital settlement agreement clarifies issues like the division of assets, debt allocation, child custody, visitation, child support, and alimony. Many of the items resolved by the marital settlement agreement are concluded at the time of the divorce, but others, like alimony and child support, are ongoing in nature. Oftentimes, an agreement that made sense at the time of the divorce no longer suits the purposes of one or more of the involved parties. The family law and divorce attorneys of Foyles Law Firm, PLLC represent individuals who are seeking modifications to existing marital settlement agreements through the Chatham, Montgomery, Moore, Lee, Hoke, Scotland, Richmond, and Harnett County courts. Our veteran divorce modification lawyers can perform an assessment on your marital settlement agreement and determine whether a North Carolina judge is likely to consider a modification.

Successful Modifications in North Carolina Venues

A marital settlement agreement is a contract that you and your former spouse signed at the time of your divorce. Consequently, family court judges in venues like Lee, Hoke, or Moore Counties are unlikely to release you from the terms of your agreement without legal justification. At Foyles Law Firm of Southern Pine, our lawyers will review your marital settlement agreement to see if it was fairly drafted and properly executed in the first place. Then we will examine other factors that might justify the modification that you are seeking. For instance, if you are paying a fixed amount of child support, but your ex-spouse has recently incurred a substantial increase in income, you may be allowed some relief under a marital settlement agreement modification. Acceptable grounds for modifications may include:

  • Increase or decrease in the income of either spouse or parent
  • A health crisis of either party
  • Special needs arising from the child
  • A geographic relocation of any of the parties
  • Modification of timesharing or otherwise supporting the child
  • Discovery of mistaken paternity
  • Notices to Vacate
  • Judicial Injunctions
  • Restraining Orders

North Carolina family law can be complex. Allow a seasoned Foyles Law Firm attorney to examine your situation and determine whether or not a modification to your marital settlement agreement is achievable.

Central North Carolina’s Leading Family Law and Divorce Attorneys

Regardless of whether you are considering petitioning for a divorce, are attempting to modify an existing court order, or you have a child custody issue, the attorneys of Foyles Law Firm want to hear your case. To schedule a free initial consultation with one of North Carolina’s premier personal injury law firms, contact our Moore County office at 910-693-0055.

The Foyle Law Firm, PLLC represents clients in Southern Pines, Pinehurst, Aberdeen, Sanford, Rockingham, Laurinburg, Raeford, Pinebluff, Taylortown, Chatham County, Montgomery County, Moore County, Lee County, Hoke County, Scotland County, Richmond County, Harnett County, and members of the United States Armed Forces stationed at Fort Bragg and Pope Air Force Base.