Once entered as part of a Decree, property and debt divisions cannot be modified except in rare cases, including one party hiding the existence of property from the other . However, matters concerning children can be modified as circumstances change, and maintenance may change if the financial circumstances of either party changes significantly.
Modifications to Parental Responsibilities
To change a child’s primary residency or the terms of the decision-making authority, one must show that the other parent has agreed to the change, or that the child’s current circumstances endanger their physical health or emotional development, and that the presumed harm of changing the child’s residency or decision-maker is outweighed by the advantage of the change. The modification of parenting time toward a more even division is easier to establish, provided regard is given to the child’s academics, activities, and peer interactions.
Modifications to Maintenance
A modification of maintenance requires showing that there has been a change of circumstances so substantial and continuing as to make the original determination unfair. The Court can modify the amount or duration of spousal support — increasing, decreasing, or terminating it — from the date of filing for modification.
Modifications to Child Support
A modification of child support requires showing a change of circumstances so substantial and continuing as to make the original order inappropriate. If the parents’ incomes have changed enough to make a 10% change in the total child support calculation, it is presumed that child support should be modified. Extraordinary expenses, medical needs, increased cost of health insurance, and other factors can also lead to modifications.