After divorce, life changes. Sometimes significant changes can impact the well-being and the best interests of the child(ren). In certain situations, modifications can be sought of previously established court orders of child support, child custody, and even spousal support.
While divorce modification is a complex, it serves the better interest of both parties to formalize specific changes. Any party requesting a modification must prove a ‘substantial change’ exists, such as:
- Financial windfalls
- Major changes in employment
- Significant changes in health
- Re-marriage or relocation
- Increased living expenses
Type of Modification
Child Support Modification: Child support can be modified after three years, or if there has been a “substantial change in circumstances.” A substantial financial change is presumed to be at least 15% or more.
Child Custody/Visitation Modification: Permanent custody orders may be modified if it can be proven in court that circumstances have materially changed since the order was entered, and if the proposed changes are in the child’s best interests.
Spousal Support Modification: Post-separation support is subject to modification if there has been a “substantial change in circumstances.” A substantial financial change is presumed to be at least 15% or more.