Post Decree Modifications

Once the court has established an order all parties are legally bound to follow the order. Modifications need to be made to the order if there are substantial changes in the circumstances.


When an order needs to be changed, a modification must be initiated through the courts. If the order is changed without the approval of the court, one or both parties may be held in contempt.


Note that in order for a modification to move forward, you must show that there has been a significant change in circumstances. The family court does not allow you to modify these agreements whenever you feel like it. These agreements, judgments, and court orders are meant to stand the test of time. Because of this, you must prove that something has drastically changed that makes the existing agreement unsatisfactory.

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Parents may modify either legal or physical aspects of the child custody agreement or shared parenting plan or even the parenting schedule of one parent. Remember that legal custody involves decision-making authority over major child-raising decisions, while parenting time involves the amount of time each parent spends with their child. Here are a few examples of when custody or parenting time may be modified:

  • Allegations of neglect, abuse, or violence directed toward family members or children
  • The inability of one parent to provide reliable housing for the child
  • A parent’s disability impeding their child-caring abilities
  • The distance between homes becoming too great
  • Substance abuse issues suffered by one parent
  • Parents disagreeing on whether children should undergo medical treatments
  • Parents disagreeing on their children’s religious upbringing
  • Parents disagreeing on their children’s education
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Spousal Support may also be modified. Modifications of support agreements stem mostly from financial changes. These might include:

  • Promotions/demotions
  • Bonuses/raises/pay cuts
  • Unemployment
  • Retirement
  • Disability
  • Sickness
  • Injury

Many parents may wish to modify their child support agreements. You may modify this agreement if some of the following things occur: unemployment, demotion at a job, disability, sickness or injury, or new pay or bonuses.


Note that a parent may be required to pay more child support if they start earning more, while the same parent may pay less child support if they encounter financial difficulties.

If you wish to modify any of these agreements, you will need to show that circumstances have changed. You can use financial documents, medical records, witness testimony, and a wide range of other evidence to prove your case. One thing to keep in mind is that in the context of child custody, the child’s best interests are the main focus. If you are trying to modify your custody agreement, you need to show how the modification will help your children live happier, healthier, and more secure lives. If you try to argue that modification will make your life better, the court will not consider this to be a valid reason.



You may need to prove specific things that relate to your specific situation. For more detailed advice and guidance, be sure to schedule an appointment with me and I will help you navigate the special circumstances you are facing.