When a divorce or paternity decree is entered, it becomes a contract between the parties for the benefit of the parties and any children of the union. The decree will be interpreted according to the rules of contract construction. So, as the need arises, are the parties allowed to modify the divorce or paternity decree? Yes. The parties may agree to modify the decree. That means the modification requires the consent of both parties. If the language of the Decree consents in advance to the court’s continuing jurisdiction over the parties with regard to any part of the Decree, then the court may entertain a modification. This often occurs when parties split up when the children are young. The issue of college is often reserved for alternate date. Does the modification require court approval? If the parties agree to modify, consent to the modification and sign off on it, then it becomes a valid contract. The updated agreement of the parties, should, however, be filed with the court, and the court maintains jurisdiction to interpret that document and enforce it terms. Amicable resolutions and agreements are always encouraged. Although the law was not always so clear, in 2010, the Indiana Supreme Court made it clear that parties remain in the driver seat on reaching their own agreements moving forward. Mediation is a preferred mode of resolution in paternity and divorce proceedings, and courts sometimes will order mediation, whether or not a party requests it. Mediation is as effective as the parties make it. Going into mediation with an open mind allows concerns to be aired, addressed, and resolved. Often the modifications spoken of in this message are reached by mediation. When you really think about it—who knows your life better than you do? If you work out your own issues, with the assistance of a professional mediator, you gain confidence moving forward in your ability to overcome the impasse that prohibited the free flow of communication during the relationship and after. Mediation often saves time, in that you are allowed to “ cut to the chase” and address the heart of the matter, rather than taking time in court educating the judge and bringing him or her up to speed on what the most recent controversy is. When circumstances change, moving forward with modification is a good step. You may need the assistance of a lawyer or a mediator in working out your difference. Please call if there is anything we can do to help.