What is a Modification?
Even after a divorce is final, it still may be possible to petition the court to make certain changes to the decree. This is known as a modification.
The three most common types of modifications are:
Why File a Modification?
Modifications for either child or spousal support are typically filed for financial reasons. A change in the financial situation of one or both former spouses may warrant revisiting the initial order. For example, if the spouse paying child support loses his or her job, he or she may file a motion to lower the amount.
Visitation or custody may also need to be changed due to work schedules or other unforeseen complications that arise after the divorce is issued.
Although you can file for a modification shortly after your divorce is finalized, it is preferable to wait one to two years after your divorce has been finalized. Once you have filed for a modification, you must wait at least two years until filing for another, except in the instances listed below:
- The modification is due to an involuntary loss of income
- The non-custodial parent has not been present for court-ordered visitation
- The non-custodial parent has attempted to have more visitation than was granted in the court order