What Is a Post-Divorce Modification?

Although divorce is common, it is never easy to be the person going through one. There is often a great sense of relief when you are able to finalize a divorce settlement and move forward. However, if you and your former spouse still owe ongoing obligations to each other, a divorce settlement could be subject to modification if one spouse has experienced a material change in circumstances since the original divorce decree.

Ongoing Family Law Obligations May Be Modified

Also known as a post-judgment modification, a post-divorce modification is a court-approved revision to an existing court order or family law settlement. An ongoing family law obligation may be modified even after a final judgment has been entered. A post-divorce modification may be approved for any of the following: 

• Spousal support (alimony)
• Child custody arrangements
• Child support order

It is important to clarify that a post-divorce modification is not a re-hearing or an appeal. A family law court will not litigate the same matter over and over simply because one of the parties is unsatisfied with the outcome. Instead, the post-divorce/post-judgment modification process exists to allow people to get a revision if the existing order or agreement is no longer fair or applicable due to changing circumstances.

To Qualify, You Have To Show a Material Change in Circumstances

To qualify for a post-divorce modification or decree modification, you must be able to prove a material change in circumstances. This means something has changed in your financial situation that was not or could not have been anticipated when the initial divorce decree was entered or the agreement was signed. Without a material change in circumstances, a family law court can simply deny a motion for a modification.

Any ongoing family law obligation may be subject to a post-divorce obligation if there has been a material change in circumstances. What counts as a material change in circumstances depends on the specific facts of the case. There are some general guidelines in place for financial matters. For non-financial matters such as child custody orders, courts will examine what has changed since the initial order was entered.

What Is a Material Change in Circumstances?

What counts as a material change in circumstances will vary by state law, so talking to your divorce attorney about potential modifications is the best first step. Take, for example, child support modifications under Arkansas law: A 20 percent change (increase or decrease) in the gross monthly income of the parent who pays child support can qualify as a material change in circumstances. A parent could seek a revision to the existing child support arrangement on these grounds.

Find Legal Help

Post-judgment family law modifications are complicated. If you have questions about post-divorce modifications, an experienced family law attorney or divorce lawyer can help.