Divorce settlements are often hard-fought answers to questions about the financial, custodial, and support obligations between former spouses.
But what happens when circumstances change? In Pennsylvania, ex-spouses facing significant shifts in their circumstances can ask for modifications to alimony, child custody, and child support arrangements, but only under specific conditions and by following a specific process. Understanding when changes can be asked for and how to go about it is important information for anybody who is going through or has been divorced.
- Alimony Modifications – Pennsylvania allows modifications to alimony when there is a “substantial and continuing change in circumstances.” Examples of changes that qualify include job loss, a significant reduction in income, retirement, remarriage, or cohabitation by the receiving spouse. However, if the former couple’s original agreement specifies that alimony is non-modifiable, changes may not be possible.
- Child Custody Modifications – Custody agreements can be changed if they’re no longer in the child’s best interests. Common reasons for modification include a parent moving, changes in a parent’s ability to provide care, evidence of abuse or neglect, or the child’s preference (if they are of an age where it can reasonably be expressed). The Pennsylvania courts will always prioritize the well-being and stability of the child when considering changes in custody agreements.
- Child Support Modifications – Modifications to child support are generally granted when the petitioning parent can demonstrate that a significant financial change has occurred. These can include a substantial increase or decrease in a parent’s income, a change in the child’s financial needs (e.g., medical expenses or educational costs), or a shift in custody arrangements. Either parent can request a review of child support obligations if there is a valid reason to do so.
If you need to ask for a modification to your existing alimony, custody, or child support agreement, there are specific steps that need to be followed.
- Assess Your Eligibility – Before filing for a modification, make sure you have a legitimate reason under Pennsylvania law. The change in circumstances must be substantial and ongoing rather than temporary.
- File a Petition – File a petition with the same court that issued your original divorce decree. Your petition should describe the specific changes requested and provide supporting documentation for why they should be allowed. These can include financial records, employment details, or medical evidence.
- Attend a Court Hearing – The judge will review your petition and may schedule a hearing. Both you and your ex-spouse will have an opportunity to present your case, and the court will decide whether the requested modifications align with Pennsylvania law and the best interests of any children involved, if applicable.
Life moves fast, and things can change in the blink of an eye. Pennsylvania law acknowledges that and allows for adjustments to divorce decrees when necessary. If you need help in determining your eligibility to ask for a change or in submitting a petition, contact us today.