Modification of Decrees

There is generally no mandatory waiting period to request a modification, but you must have a genuine basis — a substantial change in circumstances that occurred after the original order. Some jurisdictions have specific time requirements for certain types of modifications. Filing too soon without a genuine change in circumstances may result in your petition being denied and could reflect poorly in future modification attempts.

While parties can agree on changes, informal agreements are not legally enforceable. To be binding, any modification must be submitted to the court for approval. We can help draft a stipulated modification agreement that both parties sign, which is then presented to the judge for approval — a process that is typically faster and less expensive than a contested hearing.

Non-compliance with a court order is a separate issue from modification. If the other parent is violating the order, the appropriate remedy is typically a contempt petition or enforcement action, not a modification. However, persistent non-compliance may also be relevant to a modification request if it demonstrates that the current arrangement is not working.

A child's preference is one factor courts consider, but it is not determinative. The weight given to a child's preference increases as the child matures. In many states, children over 12 or 14 are given more weight in expressing a preference, but the court still considers the totality of circumstances and the child's best interests. A child's wish alone is typically not sufficient to justify a custody change.

An involuntary job loss can be grounds for modifying child support or alimony. However, the court will examine whether the job loss was truly involuntary and whether the unemployed party is making genuine efforts to find new employment. Voluntarily quitting a job to reduce support obligations is unlikely to succeed, as courts may impute income based on earning capacity rather than actual earnings.