The conditions of your divorce agreement can affect you for many years to come. Over time, you may find that those conditions no longer work for you.
If you are considering seeking a post-divorce modification, ask yourself these questions first.
Have your financial circumstances substantially changed?
A judge may consider issuing a post-divorce judgment if you have experienced a decrease in income. Such a change can impact alimony and child support. In some cases, you may also be able to seek a modification if your former spouse sees an improvement in his or her financial situation.
It is important to understand that courts require a significant shift in economic circumstances before they will consider altering spousal or child support.
What is in the best interest of your children?
While you may want more time with your children, an alteration to the custody agreement can have a major impact on their well-being. If you want to modify the arrangement, you will first want to understand what is in the best interest of your children. Start by considering if their needs have evolved and if a custody change will better address those needs than the current arrangement.
When courts consider adjusting a custody order, they will evaluate whether a significant change in situation has occurred since issuing the original order and whether a modification is what is best for the children.
Because courts are sometimes hesitant to issues post-divorce judgments, you will likely need a strong case to achieve the outcome you want.
