Can You Change Support or Custody Orders Post-Divorce?

According to the most recent CDC figures, the U.S. sees about 2.4 divorces per 1,000 people each year. There is nothing wrong with admitting that a marriage is broken. It is better for everyone involved to accept that and find a way to move on that works for the entire family. Of course, that is going to mean change. A lot of change.

Depending on the situation, there could be joint custody, with the children shuttled between parents. Holidays will become more complicated when coordinating between the parents and their extended families. There is also the issue of financial support and who should be paying what.

All of these matters are resolved by court orders before the divorce can be finalized. While it may seem that these orders are “final,” the family courts understand that circumstances change. Can you change support or custody orders post-divorce? You can, but because they were originally issued by the court, those orders have to be changed by the court.

The best approach is to enlist an experienced family law attorney who handles custody and support order modifications. Your attorney can present the court with evidence supporting the requested changes. These are matters you want to handle quickly.

The Legal Basis for Modifying Post-Divorce Orders

When you request a post-divorce order modification, it must have a strong legal basis. It can’t be based on your frustrations with the “deal” you got or on whether you think your ex is deserving of the amount you’re paying. Those are all the issues that were worked out in the divorce proceedings. Modifications must be based on a specific change in circumstances.

Those circumstances are different depending on the request. Consider the following:

Child Custody and Visitation

If you need to make a change in a child custody or visitation order, the courts will default to the same guiding principles used to set up the original orders: the best interests of the child. Common grounds for these types of modifications are the relocation of one parent that disrupts the current schedule or a change in work hours that impacts availability. These orders can also be changed if there are emerging safety concerns around substance abuse or neglect.

Child Support

You can request a change in child support if your earnings change due to job loss or a salary reduction. The parent who receives the support can also request a change to address the child’s different needs. For example, if the child needs a tutor or orthodontic care, additional funding can be requested by the parent.

Spousal Support (Alimony)

Financial circumstances may dictate whether alimony is increased, reduced, or terminated. For example, if a spouse retires or faces a significant income reduction, a modification may be justified. If the spouse receiving alimony remarries or lives with someone who provides financial support, the alimony may be reduced or terminated. 

How Legal Representation Impacts Your Modification Case

Every state’s court system provides access to forms that help with all kinds of legal matters, including requests to modify divorce orders. For instance, the Texas State Law Library maintains guides that explain the Texas Family Code, along with access to the legal forms. However, just because you have access to those forms doesn’t mean they are easy to file.

You may need to file numerous supporting documents, and the legal grounds for your request must be clearly established. Having strong legal representation can help ensure that you make the right decisions and provide the right information.

Courts require you to prove a “material and substantial change in circumstances,” such as a job loss, relocation, or a child’s evolving needs. Your attorney can help you prepare a petition outlining these changes, using solid evidence rather than emotional arguments.

If there is a need to change the custody order, an experienced family law attorney can present a proposed new schedule or changes in the housing environment that would justify the modifications.

After filing the petition, the matter will be resolved through either mediation or a court hearing. Your attorney can represent you in all of those proceedings to make sure your side is heard.

The family law attorneys at Davis & Associates have helped many parents file for modifications — and we represent parents on both sides of these requests. We understand how important it is to get these changes approved so your family can make the appropriate adjustments. If you need modifications to your divorce orders, call to set up a consultation. You’ll feel better knowing you’ve got strong legal counsel on your side.