Modifying a Divorce Decree

Whether the issues in your divorce are settled by you and your spouse or are decided by a judge, some things in your judgment can be modified (changed) by a judge after a hearing. Usually, child or spousal support, and parenting time can be modified, but only if one of you can show that there has been a change in circumstances. Examples of a change of circumstances are losing your job, inheriting substantial sums of money, or remarriage. Grounds to change child custody orders can include someone moving away, or the needs of the children changing as they grow older.

Some orders are not modifiable. Usually the division of your property is not subject to modification. And, if you and your spouse have agreed that spousal support shall not be modifiable, the courts of most states will follow that agreement.

Enforcement

If you or your spouse disobeys an order that the court makes in your divorce judgment, there are ways to enforce those orders. Examples of disobedience of an order are failure to pay support, failure to turn over property that was awarded and refusal to allow the parenting time that was ordered.

Orders to pay money can be enforced by garnishing wages or bank accounts or by having the sheriff seize and sell property belonging to the person who hasn't paid. Orders for support, to turn over property and for parenting time can usually be enforced by contempt of court proceedings. Papers are prepared and served on the disobedient person, ordering that person to appear in court. After a hearing, the judge can put the person in jail or impose a fine as necessary to make the person obey the order.

Omitted Property

Property that was either intentionally or unknowingly left out of the division of marital property will be divided by the court after the divorce is already over if it is marital property (not intended for just one of the parties because of a gift, inheritance, or pre-owned before the marriage).