The need to modify a child custody or child support order can come up following a divorce. For that reason, divorced spouses needing a post-divorce modification should be familiar with how that can be done when necessary.
How to modify a divorce order
There are several different types of post-divorce orders that former spouses may be able to modify including:
- Child support – it may be possible to modify a child support order.
- Child custody – it may be possible to modify a child custody order.
- Visitation – it may be possible to modify a visitation schedule.
A significant change in circumstances may support a modification request for child support or child custody. Factors that may be looked at to determine if there has been a significant change in circumstances include a significant change in circumstances for the parents or the child; any emergency related to the child; the modification requested would be positive for the child; and the proposed change would be in the best interests of the child. Child support may be modified based on a significant change in financial circumstances.
Any request to modify a child support or child custody order must be made to the family law court and must be approved for any changes to be made. Either former spouse or parent can make a modification request. Typically, parents need to wait one year since the last child custody or child support order was entered unless there are some type of emergent circumstances present.
Life does not usually stay the same following a divorce and change is a common part of life. Because of that, there are different options to help parents and former spouses modify child support and child custody that they should be aware of.