Divorce Modification FAQ

Can I modify child support?

Yes. Child Support can be modified at any time until the child is eighteen or graduates from high school. You must establish that there has been a material and substantial change of circumstances since the prior order OR it has been three years since the order was last issued or changed and the child support varies by 20% or $100 from the state guidelines.

How often can I modify child support?

There is no rule as to the frequency of modifying child support. The Attorney General review orders every three years and three years is used as a basis for change. However, you can file sooner than three years if you can show a substantial change in circumstances.

Will my ex’s new spouse’s income be used for determining child support?

No. A spouse’s income is not used to determine child support.

Can I modify visitation?

Yes. Visitation can be modified if there has been a material and substantial change of circumstances and the order is in the best interest of the child or, if the current visitation order is unworkable.

How do I modify custody?

In order to modify custody on a final basis, you must show a material and substantial change of circumstances and that the order is in the best interest of the child. Another basis is if the parent with legal custody has voluntarily relinquished possession for at least six months. Custody can be modified if the child is at least 12 years of age and expresses to the Court in chambers their desire to live with the other parent.

If you want to modify custody within a year of the last order you must show that the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development OR that the parent with custody has consented OR that the parent with custody has relinquished possession for at least six months.

In order to modify custody on a temporary basis you must show that the temporary order is necessary because the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development OR that the parent with custody has relinquished possession for at least six months OR the child is at least 12 years of age and expresses to the Court in chambers their desire to live with the other parent.

All custody modifications are subject to a finding by the Court that the change is in the best interest of the child.

Can I modify the property division?

No. If you can prove fraud you may be able to file a Bill of Review within four years of the divorce.

You can enforce the property division and seek the delivery of property, a money judgment, or contempt. If you are seeking to recover tangible property, you must do so within two years of the divorce decree.

Can I modify an alimony order?

You can not modify a contractual alimony order.

If alimony was ordered by the Court, you can file a motion to reduce by showing a material and substantial change of circumstances.

You can not file to first obtain alimony after the divorce is granted.