The short answer: yes — sometimes.
Many people believe that once a divorce is finalized, every order becomes set in stone. However, that’s not always the case when it comes to child support or alimony (spousal support). Both can, in certain circumstances, be changed through a formal legal process known as a Petition for Modification or Termination.
Modifying Child Support
After a child support order is entered, either parent — the payor or the payee — may request a change if there has been a “substantial and continuing change in circumstances.”
To succeed, the person requesting the change must show that the change is both permanent and significant, not just a temporary or minor fluctuation in income or expenses.
Common reasons for modification include:
- The paying parent receives a raise or a new, higher-paying job.
- The paying parent loses a job or experiences an industry-wide layoff.
- A parent completes education or job training that increases their earning potential.
- A child’s needs or expenses change, such as medical or educational costs.
It’s important to note that the court looks at earning capacity, not just actual income. That means even if someone isn’t currently earning more, but now has the ability to, their support obligation could increase. Conversely, voluntary retirement or underemployment generally won’t justify a reduction.
Modifying Alimony
When it comes to alimony, whether it can be modified depends on how it was ordered or agreed upon during the divorce.
If alimony was:
- Court-ordered after a final hearing, or
- Specifically designated as “modifiable” in a settlement agreement,
then the same “change in circumstances” standard applies as it does for child support.
However, if both parties agreed that alimony is non-modifiable, then neither the amount nor the duration can be changed — no matter what happens in the future.
The Bottom Line
If your financial situation or your ex-spouse’s circumstances have changed significantly, you may have options to increase, decrease, or terminate child support or alimony payments. But because these cases depend heavily on individual facts and local rules, it’s best to speak with an experienced family law attorney before filing a petition.
If you have any questions about the topic discussed in this article, or any divorce matter, please give us a call at Bononi & Company 724-832-2499.