The family law system anticipates that the lives of couples and families will change following a divorce. Post-divorce modifications may be possible in certain circumstances, so it is helpful for couples to know how the family law process can help them.
Post-divorce modifications regarding child support and child custody decisions may be permitted by the court. Typically, a child support or child custody modification may be made based on a significant change in circumstances for either of the parents or the child. The change in circumstances cannot be temporary to qualify for a child support and child custody modification. Generally, either spouse may request a post-divorce modification.
It is essential for a former spouse or parent seeking a post-divorce modification of child support or child custody to act as soon as they know it will be needed. It is also important for both spouses or parents to continue to abide by any existing child support agreement or child custody arrangement until any change is made. This means that a paying parent requesting a child support modification needs to continue to make their child support payments until a modification has been granted.
It is also important for the spouses or parents to be able to demonstrate their need for a post-divorce modification, so an attorney can be helpful when pursuing a post-divorce modification. The family law process provides a variety of tools and resources for families to address their concerns and it is helpful for them to be familiar with those tools.