Divorce Modification Agreement

DIVORCE MODIFICATION AGREEMENT

This Divorce Modification Agreement (the Agreement) is entered into between Petitioner Name: and Respondent Name: (collectively, the Parties), with reference to the following facts and agreements.

RECITALS

WHEREAS, the Parties were previously divorced pursuant to a Decree of Dissolution entered by the Court in County: , State: , on Date of Original Decree: , under Case Number: ;

WHEREAS, the Parties wish to modify certain provisions of the prior Decree and any subsequent orders relating to custody, parenting time, child support, spousal support, and related matters as set forth herein;

WHEREAS, the Parties acknowledge that the Court retains jurisdiction to approve or reject this Agreement and to enter an Order consistent with the terms hereof.

NOW THEREFORE, in consideration of the mutual covenants and promises contained below, the Parties agree as follows.

1. DEFINITIONS

For purposes of this Agreement the following definitions apply: "Minor Child(ren)" means the children of the Parties listed below: . "Effective Date" means the date this Agreement is approved by the Court or otherwise becomes effective as specified in Section 6 below.

2. MODIFIED CUSTODY AND PARENTING TIME

2.1 Legal Decision-Making: Legal custody shall be: . The Parties agree to consult and cooperate on major decisions concerning the children's health, education, and welfare consistent with applicable law.

2.2 Parenting Time: The parenting time schedule is modified as follows. Parent with primary residence: . Detailed schedule:

3. CHILD SUPPORT

3.1 Obligation: Child support is modified to the amount of $ per payable by to .

3.2 Payment Method and Due Date: Payments shall be made by and are due on the day of each month unless otherwise ordered by the Court.

4. HEALTH INSURANCE AND MEDICAL EXPENSES

4.1 Health Insurance: The Parties agree that health insurance for the Minor Child(ren) shall be provided by . The parent responsible for premiums: .

4.2 Unreimbursed Medical Expenses: Unreimbursed medical, dental, and psychological expenses shall be divided as follows: . Payments shall be made within of notice and submission of documentation.

5. SPOUSAL SUPPORT

5.1 Amount and Duration: Spousal support is modified to $ per payable for a period of commencing on Effective Date: .

5.2 Modification and Termination: Spousal support shall terminate upon the death of either party, remarriage of the recipient, or as otherwise provided by Court order. Any future modification shall follow the procedures set forth in Section 11.

6. EFFECTIVE DATE; COURT APPROVAL

6.1 Effective Date: This Agreement shall become effective on the Effective Date which shall be the date the Court approves and enters an order adopting the terms of this Agreement, unless the Parties agree otherwise in writing.

7. TAX MATTERS

7.1 Dependents and Exemptions: The Parties agree that the federal and state tax dependency exemptions, tax credits, and filing positions for the Minor Child(ren) shall be allocated as follows:

8. RETIREMENT ACCOUNTS, PROPERTY, AND DEBTS

8.1 Property and Debts: Except as expressly modified herein, all property division and debt allocation set forth in the Decree remain in effect. Specific modifications to property or debt allocation are as follows:

9. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that: (a) the Party has full authority to enter into this Agreement; (b) the execution and performance of this Agreement will not violate any other agreement or order to which the Party is bound; and (c) to the best of the Party's knowledge, there are no undisclosed material facts that would render this Agreement unconscionable or inequitable.

10. ENFORCEMENT

10.1 Enforcement: If either Party fails to comply with any provision of this Agreement, the other Party may seek enforcement through the Court. The prevailing Party in any enforcement proceeding shall be entitled to recover reasonable attorney's fees and costs unless the Court orders otherwise.

11. AMENDMENT; WAIVER

11.1 Amendment: This Agreement may be amended only by a written instrument signed by both Parties and approved by the Court if required. 11.2 Waiver: No waiver of any breach or default under this Agreement shall be effective unless in writing and signed by the Party waiving the breach; no waiver shall constitute a waiver of any subsequent breach.

12. NOTICES

All notices or communications required or permitted under this Agreement shall be in writing and delivered to the Parties at the following addresses (or such other address as a Party may designate by written notice):

13. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

13.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State: without regard to its conflicts of law principles.

13.2 Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and shall be construed so as to effectuate the Parties' intent as closely as possible.

13.3 Entire Agreement: This Agreement, together with the prior Decree as expressly modified herein, constitutes the entire agreement between the Parties with respect to the subject matter and supersedes all prior negotiations, representations, or agreements, whether written or oral.

14. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Facsimile, scanned, or electronic signatures shall be binding for all purposes to the same extent as originals.

15. SIGNATURE AUTHORITY

Each Party warrants that the person executing this Agreement on behalf of such Party is duly authorized to execute and deliver this Agreement and to bind that Party to its terms.

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