Changes after the "Final" Divorce Order
Often, a divorce decree is referred to as the "final order" or "final decree" in a divorce case, but that isn't always accurate. Some issues in a divorce case continue to be litigated long after the final order is entered.
Modification of Child Support, Custody and Visitation Orders
Most post-divorce modifications relate to children who are still minors after the divorce. Child support, custody, and visitation orders are all subject to modification under certain circumstances. In general, any significant change in circumstances may warrant a change in custody or visitation order, while state law or child support guidelines specify the reasons a child support order may be modified.
Usually, a child support modification is based on a change in one parent's income or earning capacity, but not any little change will suffice. For instance, some states require a minimum increase or decrease of 10% before the court will hear a motion to modify child support.
In some jurisdictions, there are limits on how often orders can be modified. For instance, many states do not allow more than one petition to modify custody within a one-year time period.
Even if a final decree is not modified, the divorce court retains jurisdiction over the case for as long as there are minor children involved. The court has the power to enforce child support, custody and visitation orders through contempt actions and may fine-and in some cases even jail-a party who refuses to comply with the court's orders.
Modification of Other Divorce Orders
Although the most common modifications in divorce cases relate to minor children, some states allow modification of other aspects of the divorce decree in some circumstances. For instance, some states allow modification of an alimony or maintenance order based on changes in circumstances of the parties.
Divorce Case Review Click Here
In addition, most states allow for post-decree modification if it comes to light that one party concealed information or defrauded the court regarding income, assets, or other material issues.