Divorce Decree Modification Agreement

Divorce Decree Modification Agreement

This Divorce Decree Modification Agreement ("Agreement") is made and entered into this by and between: Petitioner Name: with mailing address , and Respondent Name: with mailing address .

RECITALS

WHEREAS, a final Judgment and Decree of Divorce was entered in the matter identified as Case Number in the on (the "Original Decree");

WHEREAS, the parties desire to modify certain provisions of the Original Decree as set forth in this Agreement, and both parties are competent to make such modifications and agree that the modifications are fair, reasonable and in the best interests of any affected minor child(ren); and

WHEREAS, the parties intend that, upon approval by the court of competent jurisdiction if required, this Agreement shall supersede and modify only those provisions of the Original Decree expressly addressed herein and shall remain effective according to its terms.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the terms "Child(ren)", "Parenting Time", "Support", and "Original Decree" have the meanings assigned in the Original Decree unless otherwise defined herein. Additional defined terms used in this Agreement shall have the meanings ascribed to them in the sections in which they appear.

2. MODIFIED TERMS

2.1 Effective Date. The modifications set forth in this Agreement shall become effective on unless the court's approval requires a later date.

2.2 CHILD CUSTODY AND PARENTING TIME

The parties agree to modify the custody and parenting time provisions of the Original Decree as follows:

2.3 CHILD SUPPORT

The parties agree that child support obligations under the Original Decree are modified as follows:

The amount stated above reflects the parties' agreement and shall be subject to income documentation and recalculation if required by law or ordered by the court. The paying party shall provide proof of income upon reasonable request as required by applicable child support enforcement provisions.

2.4 SPOUSAL SUPPORT

The parties agree to modify spousal support as follows:

Unless otherwise stated above, spousal support shall be subject to statutory modification upon a showing of material change in circumstances and shall terminate upon the events set forth in the Original Decree or by operation of law.

2.5 PROPERTY & DEBT

The parties reaffirm their obligations with respect to any property division or debt allocation except as expressly modified herein. Each party represents that the schedules attached to the Original Decree remain accurate except as noted above.

2.6 HEALTH INSURANCE & EXPENSES

2.7 TAX EXEMPTIONS

The parties agree to cooperate in completing any required tax forms and to provide requested documentation to implement the allocation set forth above.

3. ENFORCEMENT; CONTEMPT

The parties acknowledge that, upon court approval, the modified provisions of the Original Decree shall be enforceable by the court of competent jurisdiction. A material breach of this Agreement may subject the breaching party to contempt proceedings, enforcement remedies, and such other relief as the court deems appropriate, including attorney's fees and costs reasonably incurred by the non-breaching party.

4. JURISDICTION; MODIFICATION

The parties submit to the exclusive continuing jurisdiction of the court that entered the Original Decree for purposes of enforcement and further modification of this Agreement. No oral statements or prior agreements shall modify this Agreement except by a written amendment signed by both parties and approved by the court where required by law.

5. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that: (a) they have the full legal capacity to enter into this Agreement; (b) they have not been coerced or unduly influenced to execute this Agreement; and (c) the execution and performance of this Agreement will not violate any other agreement by which the executing party is bound.

6. MUTUAL RELEASE

Except as expressly provided in this Agreement, the parties do not release any rights or claims that by law survive the divorce decree except by specific language herein. Nothing in this Agreement shall be construed to waive rights of any minor child.

7. ATTORNEY'S FEES

In the event enforcement of this Agreement requires litigation, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the non-prevailing party as determined by the court.

8. NOTICES

All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be delivered to the parties at the addresses set forth below by certified mail, return receipt requested, or by other means providing proof of delivery.

9. AMENDMENTS; WAIVER

This Agreement may be amended only by a written instrument signed by both parties and, where required, approved by the court. The failure of a party to enforce any provision of this Agreement shall not constitute a waiver of that provision or of the right to enforce it in the future.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Original Decree was entered, without regard to conflict of law principles.

11. ENTIRE AGREEMENT

This Agreement contains the entire understanding between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, representations and warranties, whether written or oral, specifically relating to the modifications set forth herein.

12. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to give effect to the original intent of the parties to the greatest extent permitted by law.

13. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures delivered by electronic means shall be effective as original signatures.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates set forth below.

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