Life changes, even after divorce. So, there may come a time you want to update the terms of the divorce, child custody or support arrangements. The terms originally agreed to may not be permanent if you have a good enough reason for the change.
You can petition the court for a post-judgment modification that takes those changes into account.
What is a modification?
In family law, a modification is a document filed to change an order put into place by the court. You can modify the following:
- Child custody
- Child support
- Property division
Property division is almost always final unless you can prove fraud, mistakes or duress.
When can you ask for a modification?
If you want a modification, the court will expect you to give a significant reason for the change. For example, if you want to update your alimony payments, you must show a substantial reason behind the circumstances for either you or your ex including:
- Demotion, loss of a job or relocation
You can also revise child support and custody arrangements. As with alimony, you must show a major change in your situation. The court will look at the issues presented but ultimately will only modify if it serves the best interest of your children.
You can file a petition for modification at any time you feel it necessary for you or your children’s benefits. An agreement between you and your ex-spouse of the new arrangements may keep you out of the courtroom.