Are You Eligible to Modify Your Divorce Settlement?

Divorce settlements are designed to provide a clear and final resolution to the various financial, custodial, and personal matters that arise when a marriage ends. However, life is rarely static, and circumstances often change in significant ways after a divorce is finalized. In California, the law allows for modifications to divorce settlements in certain situations, but the process is not automatic, nor is it always straightforward. If you’re wondering whether you’re eligible to modify your divorce settlement, this article will help clarify the conditions under which modifications may be granted, the types of changes that can be made, and how to navigate the legal process.

Understanding Divorce Settlement Modifications

A divorce settlement typically addresses issues such as child custody, child support, spousal support, and property division. While the division of property is generally considered final and unmodifiable, other aspects of a divorce settlement may be subject to change under specific conditions. California law recognizes that life events—such as a job loss, a significant change in income, or the needs of children—may require adjustments to an existing court order. Modifications are intended to ensure that the settlement remains fair and appropriate given the new circumstances.

Legal Grounds for Modification

To modify a divorce settlement in California, you must demonstrate a “material change in circumstances.” This means that a significant, ongoing change has occurred since the original order was issued, and this change impacts the terms of the settlement. Common reasons for seeking a modification include:

1. Changes in Income: A substantial increase or decrease in income for either party may justify a modification of spousal or child support.
2. Relocation: If one parent needs to move a considerable distance, this may require adjustments to child custody or visitation arrangements.
3. Changes in a Child’s Needs: A child’s educational, medical, or emotional needs may evolve, necessitating changes to custody or support orders.
4. Health Issues: Illness or disability affecting either a parent or a child can warrant modifications.
5. Remarriage or Cohabitation: If the receiving spouse remarries or begins cohabiting with a new partner, this may impact spousal support obligations.
6. Substance Abuse or Criminal Behavior: A parent’s conduct, such as substance abuse or criminal activity, can lead to custody modifications to protect the child’s best interests.

Types of Modifiable Orders

There are three primary orders that may be modifiable depending on your circumstances:

Child Custody and Visitation

Child custody arrangements are among the most frequently modified elements of a divorce settlement. The court’s primary concern is always the best interests of the child. If circumstances change in a way that affects the child’s welfare—such as one parent’s inability to provide a stable environment—the custody order may be adjusted. Modifications to visitation schedules can also be requested if a parent’s availability or living situation changes significantly.

Child Support

Child support orders can be modified if there is a substantial change in either parent’s financial circumstances or in the child’s needs. For example, if a parent loses their job or the child incurs significant medical expenses, the court may agree to adjust the support amount. Conversely, an increase in income for the paying parent may lead to higher support payments.

Spousal Support

Modifying spousal support, also known as alimony, is possible but can be more complex. The court will consider factors such as the length of the marriage, the original terms of the support order, and the specific reasons for the requested modification. Changes in income, remarriage, or cohabitation often serve as grounds for modifying spousal support.

Situations Where Modifications May Not Be Allowed

While many aspects of a divorce settlement are modifiable, some elements are considered final and cannot be changed. For example, property division is typically a fixed agreement and cannot be revisited after the divorce is finalized. Similarly, some spousal support agreements may include provisions that explicitly state they are non-modifiable.

The Legal Process for Modification

To initiate a modification, you must file a Request for Order (RFO) with the family court. This document outlines the changes you’re requesting and the reasons for those changes. Supporting evidence, such as financial records or documentation of changed circumstances, must be included.

In many cases, the court will require parents to participate in mediation before making any changes to child custody or visitation orders. Mediation allows both parties to discuss the proposed modifications and attempt to reach an agreement without the need for a contentious court hearing.

If mediation fails or is not required, the court will schedule a hearing to evaluate the request. Both parties will have the opportunity to present evidence and arguments supporting their positions. The judge will then decide whether the requested modification is warranted based on the evidence presented and California’s legal standards.

A few key considerations for the modification process include:

1. Burden of Proof: The party requesting the modification bears the burden of proving that a material change in circumstances has occurred.
2. Best Interests of the Child: In matters involving children, the court’s primary focus is always the child’s best interests. This may outweigh the preferences or convenience of either parent.
3. Legal Representation: While it’s possible to request a modification without an attorney, having legal representation can significantly improve your chances of a successful outcome. An experienced family law attorney can help you gather evidence, prepare your case, and advocate on your behalf.
4. Timeliness: Requests for modification should be made promptly after the change in circumstances occurs. Delays can make it more challenging to secure the desired adjustments.

How Kaspar & Lugay LLP Can Help

Life doesn’t stop changing after a divorce, and your divorce settlement may need to evolve to reflect new realities. If you believe you may be eligible to modify your divorce settlement in California, it’s crucial to understand your rights and the legal process involved. By working with a skilled family law attorney, you can ensure that your settlement continues to serve your needs and those of your family. Contact Kaspar & Lugay LLP today to schedule a consultation and learn more about how we can assist with your modification request.