One constant in life is change so for many families modifications to divorce-related agreements and orders may be needed as life moves forward following a divorce. In general, divorce-related modifications may be possible if one or both of the parties has a continuing change in financial circumstances. Modifications to spousal support may be possible when one of the parties experiences a significant change in circumstances. It is important to note that spousal support modifications may be possible based on a significant change in circumstances when the spousal support is not contractually based spousal maintenance.
Child support modifications may be possible if a parent or child experiences a substantial change in circumstances such as a job change or there has been a change in the needs of the child. Child support modifications that will result in less than a 10 percent change in support are not considered substantial for the purposes of a modification. When a parent seeks a modification to child custody or child visitation, the best interests of the child will be considered.
In circumstances of an alimony modification or child support modification, either the recipient spouse or parent or paying spouse or parent may seek a spousal support modification or child support modification. In circumstances of a child custody modification, either parent may seek a modification. Spouses and parents may, of course, may also wish to object to modifications to spousal support, child support or parenting plans.
Each type of divorce-related modification has unique requirements that it is important to consider and to be familiar with. The family law legal process is designed to help families with changes, including the divorce process and modification needs that may arise following a divorce which is why familiarity with the options available and how to seek them can be helpful.