Law Office of Kevin L. Beard, P.A.

When can I apply for a divorce modification?

Just like everything else in life, your divorce ruling is not necessarily set in stone. If your life circumstances have changed substantially since the family court judge made a decision on your case, you might be able to apply for a modification.

Let's consider alimony and child custody payments, for example. If you were earning a lucrative income at the time of your divorce, the judge might have ordered you to pay a certain amount each month to your ex in child support and alimony payments. However, if you suddenly lost your job or suffered a health calamity that prevents you from working and earning an income, you might be able to get a temporary reduction in your monthly payment obligations. If your financial situation has substantially changed permanently -- for any number of reasons -- you might be able to get a permanent reduction in the money you're required to pay.

Regarding child custody, you might also be able to apply for a modification. For example, imagine you received a fantastic job offer, but it involves you moving more than 100 miles away from your current location. Your child custody order, however, prevents you from doing so. If you can make a case for why the move is in the best interest of your children, you might be able to apply for a modification that allows you to make the move.

There are virtually an unlimited amount of circumstances that could warrant an application for a child custody or child support modification. If your current divorce has become problematic due to a drastic change in your current circumstances, you might be able to apply for a divorce modification too.

Source: Law Office of Kevin L. Beard, PA, "Divorce modifications," accessed June 16, 2017

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