Divorced spouses who have experienced a change in their lives may wonder what happens if they need to make a change to their divorce settlement agreement such as if they need to change their child support or child custody agreement. Modifications may be possible in certain circumstances and former spouses who have questions about modifications should know when they are.
When can I modify my divorce order?
The most common reasons divorced spouses want to modify their divorce order is when they want to modify child custody or child support. They should be familiar when they may be able to do both.
Child custody modification
Child custody may be modified but is not automatic and must be based on what is in the best interests of the child. Factors the family law court may consider when evaluating a child custody modification request can include the circumstances of the parents and the child; if there has been any emergency concerning the child that would result in a child custody modification request; and if the proposed modification would be an improvement for the child and in the best interests of the child.
Child support modification
Child support may be modified based on a significant financial change for either of the parents or a significant change in the needs of the child. A variety of different considerations may be evaluated when determining if child support should be modified.
Any child custody change or child support modification must be approved by the family law court. The family law process provides a variety of different resources for divorcing couples who may wish to change their divorce agreement when and if they feel it has become outdated. Former spouses should always be familiar with those family law tools available to them that can help them with modifications and their other concerns as they come up.