Post-Divorce Modifications Lawyer

Life changes following a divorce can make court orders untenable for a variety of reasons. Job changes, shifting financial situations, and your child’s needs can all change and evolve. The courts understand these realities and allow ex-spouses to seek legal modifications to their divorce orders.

While the process requires evidence and solid legal arguments, a successful modification can allow for more realistic expectations when it comes to custody agreements and support orders. The career family law attorneys of WSM understand the unique needs of women in family court.

We are proud to represent women in Ohio, Indianapolis, Kansas City, Northern Kentucky, and Central Texas in all family law matters, including post-divorce modifications. Call 380-212-3731 to schedule your free consultation so we can listen to your story and explain your options.

Understanding Post-Divorce Modification

A post-divorce modification is a legal request through the courts to change an existing divorce order. Common requests for modification seek adjustments to:

• Child custody or parenting time
• Child support payments
• Spousal support (alimony)
• Relocation or travel restrictions

These changes must be approved by the court. Even if both parties agree informally, the agreement should be made official through the proper legal process to ensure it is enforceable. Once a judge signs off on the modification, both parties are required to abide by the terms of the modified agreement.

Common Reasons for Modifying a Divorce Order

Modifying a court order is not easy, but the courts understand that circumstances change, and court orders should reflect those changes. Before a court considers a modification, it requires evidence of a substantial change in living situations.

Many courts use the legal standard of requiring evidence of a “material change” in circumstances. Common reasons that someone may seek to modify their divorce order include:

• Job loss
• A significant change in income
• A parent relocating out of state
• Changes in the child’s needs (school, medical, etc.)
• One parent refusing to follow the current order
• Changes in health

If one parent is ordered to pay child support and becomes disabled, they may not be able to pay their obligations. By providing evidence that they are unable to work, the parent could ask the court to reduce their child support obligation.

There may be times following a divorce when both parents agree that the current visitation schedule is unsustainable, possibly due to one parent having to move farther away due to work. If one parent is the primary caregiver and their child develops a medical condition that requires therapy or other expensive treatments, they may have grounds for asking the courts to consider raising the obligor’s monthly child support payments.

Modifying Child Custody and Visitation

If your current parenting plan is no longer sustainable, a custody modification may be appropriate. When one parent moves, the added distance can make the current visitation plan untenable. There may be other times when one parent engages in child abuse, neglect, or abandonment, which can provide grounds for restricting that parent’s visitation rights to protect the safety of the child.

The courts take custody modifications seriously and will only approve modifications if there is evidence that the change would serve the child’s best interests. If your ex continually refuses to follow the parenting plan or is making co-parenting impossible, a modification may be an appropriate remedy.

Child Support Modifications

Child support is based on factors like income, expenses, and the needs of your child. If your financial circumstances change, you may have grounds for seeking a modification. This often arises when one parent moves, and the primary caregiver is left taking on more parenting time, which can increase the cost of child-rearing.

In other cases, your ex’s income may have increased considerably, which may warrant a reevaluation of what they should pay to cover child-rearing expenses. A child support modification may be requested if:

• You lose your job
• Your ex begins earning significantly more than you do
• Your child incurs additional medical or educational needs
• The current child support no longer reflects the realities of child-rearing costs

Whatever your reason for seeking a child support modification, we’re here to help. The skilled family law attorneys at WSM understand the unique challenges women face in court and stand ready to help you achieve a favorable outcome in court. If you are looking for a post-divorce modification lawyer you can trust, we welcome you to reach out to our office today.

Modifying Spousal Support

Spousal support can also be modified later on. If you are receiving spousal support and your financial needs increase, the courts may consider adjusting the amount. If your ex misled the courts about finances during your divorce, that could also provide grounds for a modification.

Medical problems, especially serious ones tied to long-term illnesses, could also provide grounds for modifications. The courts consider how long you were married, your age, and your ability to support yourself when considering changes to the divorce order.

For example, someone who is young and hasn’t been married long may have a harder time convincing the courts to provide more spousal support, while a woman who was a long-term stay-at-home mom may have better legal grounds for making a modification request.

What If My Ex Contests the Modification?

Many post-divorce modifications are contested. Your ex may disagree with the basis for your request or with the amount you are requesting. In either case, they have the right to present their arguments in court.

As far as the courts are concerned, the party requesting the modification has the burden of demonstrating with evidence that the current order no longer works. Having an attorney present can improve your chances for a favorable outcome in these situations because the arguments must be based on legal principles and not simply opinions.

The legal team at WSM understands the challenges that women face in court and can represent you through the modification process.

Making Temporary Changes Permanent

Sometimes, parents may make informal adjustments to their custody or support arrangements. If one parent takes on some type of burden that makes it difficult to follow the current parenting plan, such as a new high-demand job with unconventional hours, the other parent may take on more child-rearing responsibilities.

In other cases, one parent may voluntarily pay more child support if they begin earning more or want to help with increased childcare costs. Whatever the reason, these changes may need to be made permanent by formally updating the divorce order.

Modifying the order ensures that the new arrangement is binding. The divorce order should always reflect the realities of cost-sharing and parenting responsibilities.

Emergency Modifications

Emergency modifications are rare but may be granted when a child’s safety or well-being is at immediate risk. Courts typically consider emergency changes in response to dangerous behavior by a parent, credible allegations of abuse or neglect, or threats to a child’s physical or emotional health under the current custody arrangement.

These situations require swift legal action and strong supporting evidence. Having legal representation during these challenging times is critical for securing a favorable outcome that keeps you and your children safe.

Call WSM for a Free Consultation

If your divorce order no longer meets your needs, don’t wait. Modifications can provide the legal clarity and stability you need to move forward. With the help of a family law attorney, you can come to court prepared with the evidence and solid legal arguments you need to secure a favorable outcome that achieves your goals.

WSM proudly represents women across Ohio, Northern Kentucky, Indiana, Texas, and Kansas. Call 380-212-3731 today for your free consultation. Let us help you update your divorce order with confidence and support.

Frequently Asked Questions About Post-Divorce Modifications