Many matters are settled in a divorce, including the distribution of property, child custody and visitation (parenting time and parenting plans), child support and alimony. For the most part, once the judge decides these matters and issues the divorce decree, the order of the court is final. However, sometimes changed circumstances may require one party to revisit the judgment and ask for a modification. At other times, one of the parties may not be living up to the commitment made in those domestic relations orders. The Law Offices of Michael R. De Canio helps individuals on either side of a modification or enforcement proceeding to protect their rights and promote their best interests in the case.

Ordinarily, final orders in a divorce are just that – final. They are not intended to be revisited and changed in the future. A party seeking to modify a divorce decree must be prepared to present a persuasive case of a substantial change in circumstances that would warrant a modification. A party challenging a modification should be equally well-prepared, knowing that the other person is building a strong and forceful case to convince the judge to modify an existing domestic relations court order.

One of the most common situations justifying a modification is when one parent needs to relocate out of state or move a substantial distance from the other parent. Depending upon the existing custody arrangement, a move-away will likely require the court to revisit and amend the parenting plan and timesharing schedule. A modification would likely be necessary regardless of which parent is seeking to move.

Another change in circumstances could be a change in income or financial need. An up or down change in income or needs of either ex-spouse could justify the modification of alimony, including terminating an award or changing to a different type of alimony. A substantial change in income could also affect the calculation of child support, as could a change in the child’s medical or educational needs.