We help clients seek modifications and respond to requests filed by a former spouse. We also help enforce existing orders when the other side does not comply.
Changes that may justify a modification
- A significant increase or decrease in either parent's income, or a job loss
- A planned relocation by either parent
- Changes in a child's needs, schooling or health
- A parent who is not following the current schedule
- Concerns about a child's safety or well-being
- Remarriage, cohabitation or a change in health that affects alimony
How the process works
A modification begins with a motion or petition filed in the court that issued the order, explaining what has changed. The other party is served and may respond. Many modification cases settle; if not, the court holds a hearing and decides.
For custody, the parent asking for a change generally must show a material change in circumstances and that the requested change is in the child's best interests. For support, the change must be material, and a modification generally reaches back only to the date the request was filed, which is one reason to act promptly.
Common questions about modifications
Can we change our order by agreement?
Yes, but the agreement should be submitted to the court and made into an order. An informal side agreement may not be enforceable.
Can every alimony award be modified?
Not always. If the parties' settlement agreement states that alimony is non-modifiable, the court generally cannot change it.
What if my former spouse is not following the order?
We can ask the court to enforce the order, including through contempt proceedings, and to address any money owed.