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Definition Surviving Agreement - an agreement said to be unmodifiable.
Application in Divorce An agreement between divorcing parties is said to modifiable or unmodifiable.

Generally, the distribution of property is unmodifiable, and such agreements are surviving. By comparison, agreements about child support are modifiable.

Modification leaves intact the general purpose of the order but amends its details. For example, one cannot appeal to eliminate child support; however, one can appeal for a change in the amount due to changed circumstances, such as the reduced or increased income of a noncustodial parent.

See Agreement and Modification, Complaint for.

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