Sometimes, a finalized legal divorce does not signal the end of your relationship with your former spouse. There may be one more chapter in the book, the epilogue, otherwise known as post-judgment issues. When circumstances warrant an adjustment in child support, alimony, or custody and visitation orders, the former spouses may find themselves back in court all over again. 

If the parties agree the terms of the divorce decree are no longer working and can work together to come up with the revisions appropriate to meet their needs, submitting a petition for modification is simple and will likely be granted by the court. However, when one party proves unwilling to comply with the terms of the original decree, it is unlikely the parties will be cooperative in reaching an amicable resolution. In these more challenging situations, a court will consider certain facts before entertaining a modification petition.

Post-Divorce Modifications

In some cases, one or both spouses may struggle to meet the terms previously accepted in a divorce agreement. These situations may call for a modification to the original decree. Modifications can be temporary or permanent. Situations calling for modifications can vary, but some examples include an unexpected job loss or significant change in income that renders a spouse unable to fulfill child support or alimony obligations. In other cases, an unexpected life event can also make modifications necessary. 

Sometimes, former spouses will likely be able to work amicably to devise acceptable, mutually-beneficial terms without relying on the court’s help. However, unfortunately, post-divorce modifications are often complex and can involve complicated emotions. These circumstances may require more judicial intervention and as such, each party can benefit from re-engaging legal counsel. 

Regardless of the circumstances surrounding the modification, parties need to be able to prove the modification is necessary. As a general rule, judges do not take kindly to modifying orders that they previously implemented. As such, both parties will need to provide strong evidence supporting the modification, like substantially changed circumstances or serious hardship.

Changes in Child Support

Generally, child support obligations cannot be modified unless circumstances necessitate the change. When they do happen, however, they are typically not retroactive. This means that they are only effective once the court signs the order unless the decree specifically addresses retroactive application to a certain date or event. Therefore, because the court system can often be bogged down, it is important to seek a modification as soon as there is a reason to do so.

 In New York, a court will typically modify a child support order for two reasons:

1. There has been a substantial change to the cost of raising a child or to the parent’s income. Diagnosis of a child’s medical condition that requires costly therapy or medication or a significant change in salary or other income are common reasons for modifying child support. An involuntary increase or decrease in income of fifteen percent or more is considered a significant change.

2. It has been three years since the child support order was last reviewed. Over time, living expenses and income change - as do children’s specific social, emotional, medical, and educational needs. To ensure each parent is doing his or her part to manage these inevitable shifts, New York law allows courts to review the parent’s income upon request and recalculate the child support amount if needed. However, just as parties may stipulate to the terms of divorce decree rather than relying on the court to set forth the terms, parties may also agree to modify the child support amount rather than turning to the court to evaluate the necessity of a modification and calculate the appropriate amount.

Alimony Modifications

Modifications to alimony agreements typically require proof that the parties’ finances have changed and alimony is either no longer necessary or, conversely, should be increased. Like child support modifications, the court will generally only modify an alimony order if the parties can demonstrate a substantial change in circumstances (such as a fifteen percent change in either of the former spouses’ income or if it has been three years since the order was last reviewed).

For example, an alimony modification may be appropriate in the following circumstances:

• The paying spouse changed jobs, was promoted, and/or experienced a substantial income change.
• The receiving spouse remarries or cohabitates with a new partner.
• The paying spouse experiences a sudden illness or disability.
• The receiving spouse has become self-supporting.

Updating Custody and Visitation Orders

Custody and visitation are often the most contested aspects of a divorce. Unfortunately, just as changing financial circumstances can justify modifying child support and alimony obligations, some situations may demand a shift in custody or visitation arrangements. 

As with alimony and child support, changes in custody and visitation orders require proof of substantially-changed circumstances. Custody and visitation are always decided by what is in the best interest of the child, so a substantial change in circumstance does not necessarily mean a modification is necessary or appropriate. However, parents who believe that the child’s best interest is at stake have the right to petition the court for a modification.

Custody orders may be modified for the following reasons, among others:

• A parent develops a substance abuse issue, has committed a domestic violence crime, or has proven a lack of fitness to care for a child or maintain a safe home environment.
• A parent proves unable to provide financial stability due to frequent moves, job changes, or an unpredictable schedule.
• A child over the age of twelve requests a change in custody and/or visitation arrangements.

Because custody and visitation orders affect children’s wellbeing, courts are generally reluctant to modify existing orders unless changing circumstances directly impact a child’s health or safety.

If the terms of your divorce are no longer meeting your needs or if your former spouse is not fulfilling his or her obligations, contact a family law attorney to discuss the best options for ensuring your needs are met and your interests are protected.