Can A Divorce Be Modified?

Not everything about a divorce is final. While some aspects like the division of property are usually not altered, other aspects of the divorce such as child custody, alimony payments etc may be modified at a later date depending on the circumstances.

However, the conditions according to which a divorce may be modified vary from state to state. An Austin Modification of Divorce Decree Lawyer can help see how your divorce is affected by the state’s laws. Some of the common types of adjustments to a divorce may include:


Change in Alimony

There are many conditions under which the alimony set at the time of a divorce may be altered. For example, if the spouse receiving alimony were to remarry the alimony afforded may be reduced. On the other hand, if the alimony payer’s income were to increase substantially the alimony to be paid to their partner may also be increased. However, keep in mind that the factors allowing for a modification of alimony and the amount of modification allowed vary from state to state.

Change in Child Support

Child support is a mandatory payment in any divorce that involves minor children. Modifications to this amount payable are subject to a number of factors including a minor child becoming an adult, income, child care costs, needs of the child, health insurance etc. the amount of time the child spends with both parents could also be a cause for modifications to the amount of child support being paid.

Change in Visitation and Custody

Child custody is one of the most important aspects of a divorce involving minors. The laws on visitation and custody as well as any modifications to these aspects vary from state to state. It is often easier to change visitation rights than it is to change legal guardianship of a child. When it comes to changes in child custody, a parent may ask to terminate joint custody and get sole custody of a child or a parent who was not given custody at the time of the divorce may ask for greater involvement in the child’s life. It is important for the parent asking for the modification to be able to show material signs of changes on which the custody ruling could be modified.

Property Division

In most cases once the joint property has been divided, further changes are not permissible. However, if an asset that had not been declared during the initial ruling were to be discovered after the divorce, a judge could be asked to relook at the asset division. In some states it may also be possible for the spouse to ask for asset division to be repealed in a motion to set aside judgement.

Tags from the story

Leave a Reply