An award that made sense in the past may no longer make sense because of a substantial change in your circumstances. In these cases, a modification may be necessary. Alimony, child support, child custody, and visitation can be changed in the right situation.

Child Support Modification

Child support can be modified once every two (2) years if a significant change in circumstances has occurred (e.g., income or financial status of either party or the child’s needs have changed). A hearing before a Judge is most likely necessary to determine if the modification is warranted.

Child Custody Modification

It is generally difficult to modify a child custody agreement within two years after your divorce is finalized unless you or your ex-spouse experiences a significant change in circumstances. If it has been two years or if either one of you has experienced a substantial change in circumstances, then you may be able to modify child custody if:

• Your child is 11 or older. Once your child turns 11 year’s old, the child can usually ask the Judge to modify custody. After 14 year’s old, a Judge will likely go along with your child’s wish regarding legal custody if it’s in the child’s best interest.


• The custodial parent gets arrested. Getting arrested after a divorce is finalized jeopardizes a custodial parent’s ability to keep custody.


• Allegations of alcohol or drug use. Alleged alcohol or drug use signifies that a custodial parent may not be able to provide a safe, secure environment.


• Physical abuse occurs. A Judge will often remove the child quickly if there is clear proof of physical abuse.


• Your child is struggling in school.  If your child is struggling in school, then a Judge can change custody to improve the child’s educational situation.


• The custodial parent alienates the non-custodial parent. If a custodial parent intentionally fails to communicate, withholds the child, or prevents the other parent from legal visitation, then a Judge can alter custody.


• One or both parents move away. If a parent moves a significant distance away, then a custody agreement may be revisited.