After you finalize your divorce, the terms of your decree are generally not set in stone. Although post-divorce modifications are not easy to obtain, there is always a possibility you can alter the terms if your attorney can prove a substantial change in circumstances. For example, if you make spousal support payments, but recently lost your job, a judge would likely temporarily pause your payments or reduce them if you obtain a new job that is not comparable in pay.
Modifying the Terms of Your Divorce Judgment
From child custody to spousal and child support, numerous aspects of your divorce decree may be modified. Property division, however, is unmodifiable, though a judgment may be rescinded if your spouse failed to disclose certain assets you later become aware of.
If you wish to modify your child custody or visitation order, you will have to prove that the change serves the best interests of the children. A judge will not grant a modification to satisfy your needs or the needs of your co-parent.
Here are some of the reasons a judge might consider when modifying child custody:
- Your co-parent’s schedule changed
- Your co-parent exhibits irresponsible behavior, such as consistent tardiness and substance abuse
- You wish to relocate closer to your family, which will provide greater support for your children
- Your children are old enough to express their preference
If you wish to modify your spousal support order, there are several circumstances in which a judge will grant such a request.
Below are some of the reasons a judge will consider:
- You experienced a cut in pay
- Your former spouse’s income increased
- Your former spouse lives with a new romantic partner
If your spouse remarries, spousal support will automatically terminate. Keep in mind that if you voluntarily took a pay cut or left your job, a judge will not reduce your payments. The reduction in income must be involuntary. Moreover, your former spouse may also request an increase in payments under certain circumstances, such as a medical emergency.
Reach Out to Our Experienced Family Law Attorney Today!
If you need to modify your child support, spousal support, or child custody order, you will need a knowledgeable attorney on your side to assist you with this complex legal process. At the Law Offices of Jeffrey S. Graff, our family law attorney has the skill necessary to assist you in pursuing a post-divorce modification. Backed by more than three decades of experience, you can feel confident in our ability to represent you.
Contact our law office today at (805) 633-4999 to set up an initial consultation and learn more about your legal options.