To request a modification order, you’re required to show that there has been a substantial change in your circumstances since the order was entered.
When you went through your divorce, the court likely issued multiple orders concerning things such as alimony, child support, or child custody. However, you may need to request a modification order even after your divorce is final.
Circumstances in life change, and what once worked may need to be modified. However, if you want to modify your divorce decree, you’re required to show that there has been a substantial change in your circumstances since the order was entered. According to Missouri Statutes, you can request a modification if you meet specific requirements.
At The Betz Law Firm, our team of experienced divorce attorneys can help you determine if you meet these requirements and help you successfully proceed with your modification.
Requirements for Requesting a Modification
To request a modification of orders, you’ll have to prove that there has been a substantial change in your circumstances. You’ll have to prove that this change will be permanent and that it wasn’t anticipated at the time of your divorce.
A judge may modify the terms of your child support, custody, or alimony based on the following requirements:
- One parent moving a significant distance from the other
- A substantial change in income or inability to make payments
- Unavoidable increase in healthcare coverage or additional healthcare costs
- Remarriage of a spouse that is receiving alimony
Remember that while you can request a change in your orders, it may not always be the best idea to ask for it. A judge can raise your obligations even if you request them to be lower if the facts support an increase. Therefore, you must be sure you meet the requirements before filing.
Consider Mediation When Seeking to Modify
There are two ways to modify a divorce order. First, you can communicate with your ex before filing your request, or you can file without talking to them. The preferable way to handle a modification is for both of you to agree on the new terms. This might take some time and negotiation, but it’s better than the alternative.
We advise that you consider mediation. Mediation is a type of alternative dispute resolution where a neutral third party helps disputing parties resolve conflict without having a judge involved.
At The Betz Law Firm, we are experienced divorce and family law attorneys. However, our principal partner, David Betz, is also experienced in resolving cases through mediation. A divorce mediation lawyer who is experienced and knowledgeable in helping you navigate a mediation can make a significant difference in the positive outcome of your modification.
Speak With an Experienced Attorney
Our firm uses experience, good communication, and availability to help families get through life changing events.