When is a Change Significant Enough to Modify a Divorce Decree?
Full Question:
Answer:
A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. A change in income, work-related child care costs, and health insurance premiums which, if changed, could constitute a material change of circumstances. It is a subjective determination for the court, based on all the ciecumstances in each case, whether the change is significant. There is no dollar or percentage limit defined.
Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child support or alimony may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a substantial increase or decrease in income, or contribution to expenses by another due to cohabitation or remarriage.
A modification generally affects future support payments. Typically, the current default of one party will be taken into consideration in making the modification by stating how any delinquent payments owed will be treated. The modification is usually made to apply to future payments only and is not retroactive, so that arrearages are still owed. Collection of arrearages may occur separately from the modification. Failure to provide for past due support in a modification will not necessarily void the modification, but may require a clarification by the court.
