Post-Divorce Modifications in Maryland

When you finalize a divorce, the judge will issue his or her final decree and terms of any arrangements involving child custody, alimony, property division, etc. These decisions are based on the two parties’ individual circumstances at the time of the divorce. However, things can change down the line that may warrant the court taking another look at the original order with the intention of issuing an updated order. This is known as a post-divorce modification order.

Despite what you may be thinking, these are not necessarily common at all. In order to bring a successful request for a modification order, you must meet certain eligibility requirements and make a compelling argument as to why the judge should grant your request. If you plan to pursue a modification order, you need the assistance of a skilled Maryland family law attorney.

Reasons to Pursue a Divorce Modification

You need a valid reason for pursuing a modification order. You cannot apply for one just because you want to pay your ex less or you want your ex to pay more. There needs to be a significant change in circumstances. Examples can include:

• You or your spouse’s income increased or decreased by at least 25%;
• Your child’s financial needs have significantly increased or decreased due to a change in his or her health or disability;
• Your child’s financial needs have changed due to him or her getting older;
• You or your ex lost your job;
• There is a threat to your child’s safety or health;
• You or your spouse become “unfit” as a parent;
• You or your ex-spouse needs to relocate out of state for your career; or
• You or your ex-spouse remarries.

Property settlement agreements are not necessarily subject to court modification requests unless there was some court error or unclear information that led to a good faith dispute. If there is an asset that was inadvertently left off in the initial divorce, it likely is not enough to trigger the court to intervene. This is the reason both sides engage in the long process of discovery when the initial court action was filed.

How to Request a Modification in Maryland

There are two main ways you can request a modification in Maryland related to child support or custody. Every three years, you can request the state enforcement office to review your existing arrangements. The enforcement officer might determine that a change is warranted and make the change since that office has authority to do so.

The other option is to file a modification order with the court at any time, provided one of the aforementioned situations exists. If you are requesting that the court review your alimony agreement and not anything to do with child custody or support, then the court will only evaluate your and your spouse’s financial positions.

Contact a Maryland Family Law Attorney

If you need assistance with a pending divorce or a request for post-divorce modification, it is best to retain a skilled Charles County family law attorney. Contact the Law Office of Robert R. Castro at 301-705-5253 to schedule an initial consultation.