Modifying Child Support and Spousal Support After a Divorce is Finalized

Divorce can be difficult and stressful, especially when thinking about child support and spousal support. After a divorce is finalized, many people wonder if it is possible to modify child support and spousal support. In this article, the experienced attorneys at Rodier Family Law explore when this change is possible and how to make the modification. 


When You Can Make a Modification

You may be able to modify child support or spousal support if there are material changes in circumstances such as:

  • A substantial increase or decrease in one or both parties’ incomes
  • Your child’s expenses have changed due to age, change in health, or a disability
  • You gain or lose an inheritance
  • You lose your job
  • The original order was affected by fraud 


How to Modify Child Support

To obtain a modification, you can usually take one of two avenues. You may request that the state enforcement office reviews your current custody or support orders every three years, or sooner if there is a material change, to determine if a modification would be warranted. The other way is a party can file a motion with the court to modify the child support if one of the above notable changes is evident.


How to Modify Spousal Support

Not all spousal support or alimony awards are modifiable. If your spousal support was non-modifiable at the time of your divorce you generally cannot modify your spousal support payments. If your spousal support is modifiable, you may file a motion to modify spousal support or alimony. The the court will then assess your and your ex-spouse’s financial circumstances to determine if a modification of the amount and/or duration of your spousal support is warranted.


Request Modification Timing 

It is important that you know that a request for a modification is not immediately resolved. In fact, it typically takes several months to resolve and can change based on how complicated the case may be.


Contact Rodier Family Law Today to Speak to an Experienced Attorney

Changing a divorce decree is a complex process. Seeking personalized advice and guidance through steps from an experienced family law attorney is crucial. Rodier Family Law can provide guidance tailored to your unique situation and ensure the best possible outcome for your divorce decree. Contact us today to schedule a consultation regarding a change in child support or spousal support.