When life changes following divorce, the former spouses may need to change their divorce settlement agreement. It is helpful for divorced couples to know when a divorce modification may be possible and under what circumstances a divorce modification may be possible.
When post-divorce modifications are possible
It may be possible to modify child custody or child support based on a significant change in circumstances. If there has been a significant change in circumstances for either the parent or the child, a modification may be possible. A significant change in circumstances can include a variety of different situations.
A change in circumstances can include the loss of a job, a promotion or demotion, a relocation, a remarriage or a change in the child’s needs. The parent seeking the child custody modification or child support modification will need to document the change. In addition, they will need to request it promptly and will also need to abide by any existing child custody agreement or child support order until a change has been made official by the family law court.
What if a post-divorce modification is not readily possible
In some circumstances, the former spouses may be able to work out a modification on their own. In others, they will not be able to which is when the family law court will consider the modification from the requesting spouse based on an evaluation of different factors to determine if there has been a significant change in circumstances.
Sometimes, following a divorce, the needs of a child will change or the circumstances of a parent will unexpectedly change which is why a post-divorce modification may be needed. It is helpful for former spouses to be familiar with when a modification may be possible and how they can seek and substantiate the need for one.