16 August 2024
Divorce is a life-altering event, and even after the dust settles, there may be times when the terms of the divorce need to be revisited. Whether it’s due to a significant change in circumstances or the realization that the original order no longer works for you, seeking a modification to court orders is a common post-divorce issue. But when can you seek these changes, and what is the process involved? This article will guide you through the situations that warrant a modification and the steps you need to take to request changes to your divorce orders.
Understanding Post-Divorce Modifications
After a divorce is finalized, the court’s orders concerning child custody, child support, spousal support, and property division are intended to be long-lasting. However, life is unpredictable, and sometimes the circumstances under which these orders were made can change dramatically. When this happens, you may need to seek a modification of the existing court orders.
It’s important to note that not all aspects of a divorce order can be modified. For example, property division is typically final and cannot be changed once the divorce is finalized. However, orders related to child custody, visitation, child support, and spousal support may be subject to modification if certain conditions are met.
When Can You Seek a Modification?
Modifying a court order after a divorce is not a decision taken lightly by the courts. You must demonstrate a significant change in circumstances that justifies the modification. Below are some common situations where you may seek changes to your divorce orders:
- Change in Income: A significant increase or decrease in income for either party can be a valid reason to modify spousal support or child support orders. For example, if you lose your job or receive a substantial pay raise, you may need to adjust the amount of support paid or received.
- Relocation: If one parent needs to move a considerable distance away, it may be necessary to modify child custody and visitation arrangements. The court will consider the best interests of the child when deciding whether to approve the relocation and any associated changes to custody and visitation.
- Changes in Child’s Needs: As children grow, their needs can change significantly. If a child develops special needs, or their educational or medical requirements change, you may need to seek a modification of the child support order to address these new needs.
- Remarriage or Cohabitation: If the recipient of spousal support remarries or cohabitates with a new partner, the paying spouse may request a modification or termination of spousal support. This is because the financial support may no longer be necessary.
- Health Issues: If either party or a child develops a serious health condition that impacts their ability to work or increases their financial needs, a modification may be necessary to address these changes.
- Failure to Comply with Original Orders: If one party consistently fails to comply with the original court orders, such as missing child support payments or refusing to follow the custody schedule, the other party may seek a modification to enforce compliance or make the orders more practical.
How to Seek a Modification
If you find yourself in a situation where a modification is necessary, the following steps outline the process:
- Gather Evidence: Before you can request a modification, you must gather evidence that supports your claim of a significant change in circumstances. This could include financial documents, medical records, school records, or other relevant information that demonstrates the need for a modification.
- Consult with an Attorney: It’s important to consult with an experienced family law attorney who can advise you on the likelihood of success and help you navigate the legal process. An attorney can also help you prepare the necessary paperwork and represent you in court if needed.
- File a Request for Order (RFO): To start the modification process, you will need to file a Request for Order (RFO) with the court that originally issued your divorce orders. The RFO will outline the changes you are seeking and the reasons for those changes.
- Serve the Other Party: Once the RFO is filed, you must serve the other party with a copy of the paperwork. This gives them the opportunity to respond and present their side of the story.
- Attend a Court Hearing: After the RFO is filed and served, the court will schedule a hearing where both parties can present their arguments. The judge will consider the evidence and make a decision on whether to grant the modification.
- Follow the Court’s Decision: If the court approves the modification, the new orders will take effect immediately. It’s important to follow these orders as closely as possible to avoid further legal issues.
How We Can Help
At Enright Family Law, we understand that life doesn’t always go as planned, and sometimes modifications to court orders are necessary to reflect changes in circumstances. Whether you’re seeking to modify child custody, support, or any other aspect of your divorce order, our experienced team is here to help. We focus on the unique needs of modern families and are committed to guiding you through the legal process with compassion and expertise. Contact us today to discuss your situation and learn how we can assist you in achieving the best possible outcome.
