Modifying Divorce Orders: When and How

When Can Divorce Orders Be Modified?

Divorce is not always the end of the legal process. As life circumstances change, the terms of your divorce decree may no longer be appropriate or workable. Courts recognize this reality and allow modifications to certain divorce orders when there has been a substantial change in circumstances.

What Can Be Modified

Not all parts of a divorce decree are modifiable. Generally, courts can modify child custody and visitation, child support, and spousal support or alimony. Property division orders, however, are generally final and cannot be modified except in cases of fraud or serious procedural errors. Once property is divided, the division is permanent.

The Standard for Modification

To modify a divorce order, you must demonstrate a substantial change in circumstances that has occurred since the original order was entered. The change must be significant, not temporary, and not voluntarily caused by the party seeking the modification. Examples of qualifying changes include significant increase or decrease in either party's income, job loss or new employment, relocation of one parent, changes in the child's needs such as health issues or educational requirements, remarriage or cohabitation of the receiving spouse, retirement of the paying spouse, and changes in the child's preferences if they are of sufficient age.

Modifying Child Support

Child support is the most commonly modified divorce order. Most states allow modification when there is a change of 10-20% or more in the calculated support amount based on current circumstances. Some states conduct automatic reviews every few years.

To request a child support modification, you typically file a motion with the court that issued the original order, provide updated financial information for both parents, show how circumstances have changed since the last order, and request a new calculation using current income and expense figures.

Modifying Custody and Visitation

Custody modifications must serve the child's best interests. Courts are generally reluctant to change custody unless there is a compelling reason, as stability is important for children. However, modifications may be warranted when a parent relocates, there is a material change in a parent's circumstances, the child's needs have changed, there are safety concerns, or the current arrangement is not being followed.

Modifying Spousal Support

Spousal support can be modified if the original order allows for modification and there has been a substantial change in circumstances. Common grounds include a significant change in either party's income, the recipient's cohabitation with a new partner, a change in health status, and retirement of the paying spouse. Note that some spousal support agreements are non-modifiable by agreement of the parties. If your agreement specifically states it cannot be modified, a court will generally honor that provision.

The Modification Process

1. File a motion with the court that issued the original order
2. Serve the other party with the motion and supporting documents
3. Attend a hearing where both parties present evidence
4. The court decides whether modification is warranted
5. If approved, the court enters a new order that supersedes the original

Practical Tips

Do not stop following the current order while seeking a modification. Continue paying support and following custody schedules until the court enters a new order. Violating the existing order can result in contempt charges and undermine your credibility with the court.

Document the changes that support your request for modification. The more evidence you can provide, the stronger your case will be.

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