Post-Divorce Matters
In an original divorce proceeding, a final decree ("judgment") is entered either after a trial or an agreement. The judgment has many provisions, some of which can be modified, some of which cannot be changed. Child support and child custody can always be changed. Alimony can be modified if the judgment allows modification. Property settlements generally cannot be modified absent a showing of fraud.
Child support can be modified upon (1) a showing of a substantial change in circumstances of either parent or (2) if the child support substantially deviates from the Child Support Guidelines. The first allows the court to modify a support order when the financial circumstances of the parents have changed, regardless of their prior contemplation of such changes. The second allows the court to modify child support orders that once were deemed appropriate, but no longer seem equitable in light of changed social or economic circumstances in the society as a whole.
Child custody can be changed if it is in the best interests of a child. If the parties are in agreement about any changes, the process is simple. If, however, they are not in agreement, there are many ways to resolve the issues, ranging from mediation and collaborative solutions to a full-blown custody battle.
If the judgment allows, alimony can be modified upon a showing of a substantial change in circumstances of either person.