Can I make changes to the judgment after we finalize our divorce?
In the aftermath of a divorce, life continues to evolve, bringing changes that might require adjustments to the original divorce judgment. Events that could trigger a discussion on making changes to the agreement can vary but often include when an individual moves, gets a new job, or takes up a bad habit. In any of these or other situations, those who finalized a divorce may wonder if they can change the terms of the agreement. Three specific areas of concern involve the property distribution determination, child custody arrangements, and child or spousal support agreements.
#1: Can we change our property division determination?
The division of property outlined in the settlement is typically final. This includes all decisions related to the distribution of assets and debts between the parties. As such, it is important that those going through a divorce are prepared for the property division agreed upon or ordered at the time of the divorce to be permanent.
Changes to this portion of the settlement are only possible under very rare circumstances, such as when fraud or a clerical error is discovered after the fact. This rigidity underscores the importance of ensuring that the divorcing parties handle the property division carefully and decisively.
Although an individual generally cannot change the property division determination they do have options if the other party is not fulfilling the obligations set forth in the judgement. You can move forward with court orders to help fulfil the terms of the agreement if, for example, the other individual is not taking the steps to transfer the property.
#2: What about child custody agreements?
Unlike property division, arrangements regarding child custody are subject to modification post-divorce. California recognizes that as children grow and circumstances change, the initial agreements may no longer be in the best interests of the child. To modify custody, the requesting party must demonstrate a significant change in circumstances. This could include relocation or a change in lifestyle.
Courts generally require the requesting party provide proof of a substantial change in circumstances since the original order was made, evidence that the proposed modification will better serve the best interests of the child, and proper legal documentation to move forward with a modification request.
#3: What about child support and spousal support?
Similar to child custody, courts also allow for changes to child support agreements post-divorce. The state allows for these adjustments primarily when there are changes in financial circumstances or the needs of the child. Reasons for modification can include:
- Changes in income of either parent
- Changes in custody arrangements
- Significant changes in the child’s needs such as education or health-related expenses
Courts also may allow modifications to spousal support, or alimony, under certain conditions. These generally include a significant change in the financial circumstances of either party.
For any modifications to child custody, child support, or spousal support, the petitioning party must demonstrate a significant change in circumstances since the original agreement or order, that the modification is in the best interests of the child or fair in the case of spousal support, and must follow the procedural requirements for submitting a modification request. Both parties to a divorce are wise to understand the rules regarding modification after they finalize the divorce. This knowledge can help to better ensure that all involved, especially children, continue to have their needs met in a fair and just manner.