When Life Changes After Divorce: How to Request a Post-Divorce Modification

When a divorce judgment is issued, most people walk out believing the final verdict is precisely that — final. And at the time of the judgment, it usually is. As such, you must follow the orders regarding the custody schedule, child support, or spousal support. However, these are typically crafted around how your life looks at the time of divorce. But life doesn’t freeze, right? Jobs change, income shifts, new obligations come up, and children grow. Sometimes these changes make it challenging to stick to the original court order.

That is where a post-divorce modification becomes essential. A post-divorce modification is a formal request asking the court to adjust an existing order so that it matches your current reality. In California, courts do allow changes, but only when specific requirements are met. Here we break down these requirements, outline what you can and cannot modify, and provide guidance on how to navigate the process smoothly.

Legal Requirements for Post-Divorce Modification

For a divorce order to be modified, you must show there has been a material change in circumstances since your original judgment. But what does this mean?

A valid change must be:

1. Substantial - This means that it must affect the core issues the court reviewed when issuing the original order.
2. Relevant - It must directly impact the fairness of the existing order. 

Some examples of qualifying changes may include the following;

• A job loss due to company restructuring
• A major medical condition that affects earning capacity
• A parent moving far enough to disrupt the existing child custody plan
• A child developing new educational, medical, or emotional needs.

If the change is minor or you’re currently facing a brief setback, this may not meet the threshold for consideration. Therefore, you must not only demonstrate the change in circumstances but also show that the current order no longer serves its intended purpose. 

What Can Be Modified?

In California, the court may modify the following upon meeting the legal requirements:

Child Custody and Visitation

Custody can be modified if a significant change affects the child’s best interests. The most common reasons for child custody modification include:

• A parent’s relocation
• Changes in a child’s educational or medical needs
• Work or lifestyle changes that disrupt the parenting schedule
• Concerns about safety or supervision

Child Support

• Child support amount can be increased or decreased if:

• A parent loses a job or experiences a significant shift in income
• The cost of childcare, schooling, or healthcare changes
• The child starts spending significantly more or less time with one parent.

Alimony

A modification to the existing spousal support order may be granted when:

• A paying spouse retires
• A recipient spouse remarries or becomes self-supporting
• A significant change in either party’s earnings happens.

What Usually Cannot Be Modified?

Some parts of a divorce decree cannot be modified:

Property Division

Once assets and debts are divided, that becomes final. The court will only reopen this if there was fraud or a serious legal error.

Non-Modifiable Support Agreements

If your divorce includes language stating that spousal support is fixed and cannot be changed, that clause must be honored. 

Past-Due Support Arrears

If you owe any unpaid child or spousal support, a modification will not apply retroactively. 

Requesting a Modification: The Process

To request a post-divorce modification, below are the steps to follow:

1. Filing a Request for Order (RFO)

You begin by filing an RFO with the family court. The documents clearly state what part of your order you want changed, why the change is necessary, and the new terms you are proposing. Then, you’ll serve the other party because they have a right to respond. 

2. Providing Evidence

Your request for modification must be accompanied by supporting documentation. Depending on your case, you may need evidence such as:

• Pay stubs, income statements, bank records, or tax returns
• Medical reports
• School or childcare needs
• Statements from professionals or witnesses

Thorough and careful documentation is essential for successfully navigating this process.

3. Mediation or Settlement Discussions

Before a hearing, many courts require parents to attend mediation, especially in custody cases. Mediation helps both sides reach an agreement without the strain of litigation.

4. Court Hearing

If you cannot settle, the case moves to a hearing. Here, the judge reviews the evidence, listens to both parties, and decides whether a modification is appropriate.

5. Issuance of a New Court Order

If your request is approved, the court issues an updated order that becomes legally binding. The new terms are effective immediately.

Can You Modify a Divorce by Agreement?

Yes. You can modify your order without having to step into a courtroom. Here is how you can go about it:

• Draft a written modification agreement
• Have an attorney review it for fairness
• File a Stipulation and Order with the court
• Wait for a judge to approve it.

You must submit your agreement to the court. Private side deals, no matter how friendly, are unenforceable and can backfire if one person later changes their mind.

Mediation for Your Post-Divorce Modification

Mediation is one of the most effective and emotionally balanced ways to update a divorce order. The mediation process enables both parties to articulate their needs and find a practical solution with the assistance of a neutral mediator. 

As divorce mediators in San Diego, we understand how overwhelming post-judgment issues can feel. We can help you stay focused on the solutions instead of past frustrations, identify what documents will be useful and help with how to present them during negotiations, keep the discussions child-centered to ensure arrangements support the long-term well of the children, not just short-term convenience, and help you understand the legal criteria so you can prepare for each session with confidence. 

A post-divorce modification does not have to be overwhelming. With the proper support, you can adjust your custody or support arrangement in a way that reflects your current reality without the stress of courtroom battles. Our experienced mediators at LikeMinds Divorce Mediation can help with your post-divorce modification, ensuring the solution restores stability and peace of mind. To learn more, contact us today to schedule your consultation.