Amending an Incorporated Separation Agreement


#1

Hi. Thank you so much for all your help. Everything went smoothly and the divorce was finalized on 9/8/2014.

Question: In our agreement, I was keeping a Jeep Liberty that was in his name and he was making the payments until it was paid off, at which time, he was going to transfer the car into my name. The agreement also states he pay $320 a week in child support. It was incorporated into the final divorce decree. Now, the Jeep is falling apart and I need a new car. I can’t trade it since it’s in his name and not paid off, but he has agreed to take the Jeep himself and increase his child support payments to $410 a week since he’s now in a job where he makes much more money. How do I amend our agreement? Is it binding if we just have something in writing that we’ve both signed in front of a notary or do I need to file the amendment somehow with the court? If the latter, how do I do that?


#2

Since your agreement was incorporated into a court order, I would file a consent order setting forth the modifications you both agree to.