What is a Post-Divorce Modification?

The terms of your divorce agreement may not always serve the best interests of your children or suit you or your former spouse’s current situation. After all, life constantly changes and, under certain circumstances, modifications are necessary to address them. While issues such as spousal support, child support, and child custody may all be modified, property and asset division cannot be revisited unless fraud was a factor when the initial decision was made. Continue reading to learn more about post-divorce modifications and how to obtain one.

Obtaining a Post-Divorce Modification

Generally, to successfully obtain a post-divorce modification, one must prove a significant change in circumstances. In matters pertaining to child custody, a parent must also show that a modification of the time-sharing arrangement supports the best interests of the child, in addition to proving that a significant change occurred.

If you and your former spouse are on relatively good terms, consider discussing the matter and attempting to reach an agreement. If you can agree on the change, you must still obtain the court’s approval to ensure it is enforceable. However, you will save a considerable amount of time and money if you can handle the issue yourselves. Otherwise, you must petition the court for a modification.

What you need to know about post-divorce modifications:

  1. Time-sharing: If you wish to change your time-sharing schedule, you must prove that the changes are in the best interests of your children and that circumstances greatly changed since the initial order. Family courts favor stability in the life of a child, so they are often reluctant to grant changes. You will need a knowledgeable attorney to assist you with this process.
  2. Spousal support: If you involuntarily lost your job, developed a condition or disability that prevents you from working, or your former spouse received a substantial increase in income, these are all circumstances in which a judge may grant a post-divorce modification.
  3. Child support: If your children’s needs changed, or you or your co-parent’s financial circumstances changed, the child support order may be reduced or increased. If you are the paying parent and had more children from a new relationship, a judge may reduce your payments to ensure you have enough funds to also support your new family.

When it comes to support, if a judge believes your reduction in income or loss of a job was voluntary, it is unlikely you will receive a reduction. The loss must be involuntary or a judge will suspect you are purposefully trying to reduce your payments.

Schedule a Consultation with a Knowledgeable Family Law Attorney Today!

At Tinny, Meyer & Piccarreto, P.A., our experienced legal team is committed to providing skilled legal advice and guidance to ensure you receive the best possible results for your case. Life constantly changes and you can rely on our team to ensure the terms of your divorce decree change with it when necessary.

Get started on your case today and reach out to our law office at (727) 245-9009 to set up a consultation with a member of our team.