Life rarely stays still once the judge signs the decree. A job change, a move across the state or a child’s shifting needs can leave the original terms out of step with how you live today. Knowing what the modification process involves can help you prepare what is necessary for the court to grant a modification.
Grounds for modification
A Georgia court will not reopen a divorce order solely because the terms dissatisfied one party. For most requests, the threshold consideration is a substantial change in circumstances that has occurred since the prior order took effect.
For matters involving children, that change generally must relate to the child’s welfare or a parent’s financial condition. A loss of employment, a serious illness or a new and continuing expense may each represent the type of change a court will consider.
Steps in the modification process
A request to modify an order usually begins with a petition filed in the superior court of the county where the opposing party resides. The petition states what you are asking the court to reconsider and explains how your circumstances have changed.
After you file the petition, the opposing party receives formal notice and an opportunity to respond. Both parties may then exchange financial records and supporting documents before the matter proceeds to a hearing.
For child support, a second option does not require an initial court filing. A parent may ask the state agency responsible for support cases to conduct an administrative review of an existing order, which may increase the amount, reduce it or leave it unchanged.
Differences in order types
Not every provision of a divorce order is subject to revision in the same manner. Child custody and child support generally remain open to review as a child matures and family circumstances evolve.
Custody determinations center on the child’s interests, so a court weighs factors such as stability, each parent’s involvement and the child’s particular needs. Child support, by contrast, follows established financial figures and the state’s standard guidelines.
Spousal support is governed by different standards. The court may revise periodic alimony when the income of either former spouse shifts, and it may also conclude when that spouse remarries or begins living with a new partner.
Certain provisions, however, are typically final once the court enters the decree. Property division and alimony arrangements drafted as fixed are usually not subject to later change.