Change to divorce settlement

[AdamSG]

I obtained my divorce in Virginia. My support payment is based on income, but also upon the fact that I pay for my child's health & dental insurance. Some questions:
1) If my salary increases, should I just pay my spouse more even if there is no petition to change the terms of the divorce settlement?
2) If my wife decides to pick up the health & dental insurance, how do we change the settlement to accommodate that? Or should we do it without changing the terms of the settlement?
3) Is there a way I can get the necessary forms to petition the court myself, so that I don't have to pay a lawyer? Or perhaps a paralegal can do it? And do you know where I get the forms?

 

[army judge]

I obtained my divorce in Virginia. My support payment is based on income, but also upon the fact that I pay for my child's health & dental insurance. Some questions:
1) If my salary increases, should I just pay my spouse more even if there is no petition to change the terms of the divorce settlement?

First of all, I suggest you vet any answers you receive with your divorce attorney.
Why?
Because, we don't know (and you don't want to post) the entire divorce decree you received. You want to protect your privaxcy.

Generally, you do ONLY what has been ordered to be done by the court.
For example, you are paying $100 a week today.
Next month your income doubles.
You begin paying $200 a week.
The EXTRA $100 would be considered a gift, until and unless the court ordered a change.
Contra-positively, your income goes down by 50%.
You reduce your payments by 50% to $50 a week.
That would create problems as the existing order was unchanged.
Simply put, obey the order.
If you believe the order should be changed, back to court you must go in an attempt to convince the judge of the need to order a change.

.....
​

2) If my wife decides to pick up the health & dental insurance, how do we change the settlement to accommodate that? Or should we do it without changing the terms of the settlement?

If you and your former spouse discuss any matter and agree that the existing order should be changed, you must always return to court and request the change to be ordered by the judge.

If either of you tries to take a short cut, you could end up getting blind sided by teh other party.

It isn't unusual for people to agree on something today, make the change, and the other person go to court later to protect the change.

Always go back to court and request any change.

Before it gets that far, consult with your attorney.

Don't act upon the advice of strangers, even strangers that happen to be lawyers.



.....
​

3) Is there a way I can get the necessary forms to petition the court myself, so that I don't have to pay a lawyer? Or perhaps a paralegal can do it? And do you know where I get the forms?

People are always FREE to represent their interests in any legal matter, pro se.

You can do an online search for the court you wish to petition.

Many forms are located on the court website, assuming it has one.

Some forms can be found on sites like www.legalzoom.com

VA has some forms located on a state court website:

http://www.courts.state.va.us/forms/home.html

Be advised, it isn't about forms.
That's not why you pay an attorney.
Its about KNOWLEDGE and EXPERTISE.
The issues you have asked about aren't all DIY projects and filling in blank on a form, like an employment or credit card application.

Good luck...

.....
​