The terms of your
divorce are not completely set in stone. While it is highly unlikely you will
successfully modify property and asset division unless fraud was somehow
involved in the initial decision, you can potentially modify child custody,
child support, and
spousal support if you can prove a significant change in your circumstances. In cases
where children are involved, you must also prove that the modification
will continue to serve their best interests.
Before taking matters such as these to court, it would be best to discuss
the matter with your former spouse first. If you can agree on a modification,
this can save you some time in court. Of course, not all former spouses
are on friendly enough terms to accomplish this, so if you are unable
to work out an agreement, you must petition the court for a modification.
Requesting a Post-Divorce Modification
Generally, if you wish to modify support, whether it be child support or
spousal support, you must prove that something in your financial situation
substantially changed. For example, if you involuntary lost your job,
a judge would likely consider this a significant enough change to grant
a reduction in your support payments. Your spousal support payments may
also be eliminated if your former spouse remarries. It may also be reduced
or eliminated if your former spouse cohabits with a new partner.
Child custody is not as easy to modify since family courts believe stability
and consistency are crucial in a child’s life and disturbing the
routine does not serve a child’s best interests. To successfully
obtain a modification of your child custody arrangement, you must not
only prove that there was a significant change in the situation since
the order was created, but you must also prove that this change is in
the child’s best interests.
Below are some circumstances in which a judge will modify child custody:
- One of the parents is moving
- The family’s situation changed
- The child’s residence is no longer safe
custody order is not being complied with
- One or both of the parent’s work schedules changed, making the current
arrangement difficult to follow
- The child is older and has different needs
You will need several documents to show how drastically your circumstances
changed and how the modification you are requesting will benefit your child.
Schedule a Free Case Review with One of Our Experienced Family Law Attorneys Today!
If you are in need of a
post-divorce modification, the family law team at The King Law Firm can provide you with the legal
guidance and advice you need. Requesting a modification can be a complex
and difficult process, so it is crucial to have an experienced advocate
on your side to ensure the process goes smoothly and you have the best
possible chance of achieving your goals.
Do not put off securing skilled legal counsel.
Reach out to our law office today at (347) 343-5467 to schedule a free initial consultation
to discuss the details of your case.