In a typical divorce, the parties involved will negotiate and come to agreements on important issues such as property division, child custody, financial support, and more. Once an agreement is reached, a written settlement will often be drafted, and a court will approve it. This “divorce decree” will then govern the interactions between the parties from that point forward. However, there are times when the original decree ceases to be an effective tool in governing the relationships of ex-spouses, possibly because one party is not living up to their responsibilities, or perhaps because circumstances have changed significantly for one or both parties. Is it possible in Indiana to modify the decree in such cases, to suit the new situation?
Indiana law does allow for modifications of divorce decrees. However, proposed modifications must be approved by a court, and whether a court approves any particular modification will depend heavily on the facts of each particular case. Changing the provisions of a divorce decree is a serious matter, with many possible consequences. Because of this, courts will not just modify a decree willy-nilly; rather, they will look for a “substantial change in circumstances,” which would warrant making changes to the decree. Courts will also take into account the amount of time that has passed since the original order was implemented, because they do not want parents seeking to amend orders after every inconvenience or disagreement. Therefore, modifications which are sought within only a few months of an order being handed down are likely to be viewed with high suspicion. Additionally, it should be noted that many aspects of a typical divorce decree, such as provisions dealing with division of assets or communication between the parties, are typically left in place by courts. The areas that are most likely to be considered for modification are those which deal specifically with the children of a marriage – namely, child support, child custody, and parenting time.
There are a number of factors that a court will look at in determining whether a modification is in order. The party seeking the change (known as the “movant”) must show that a “substantial change of circumstances” has occurred since the original order was handed down, and that modifying the order according to the movant’s wishes would be in the best interests of the children involved. What circumstances would lead to a court’s approval of a modification? This, of course, will depend heavily on the individual details of each case. However, as a general reference point, here are some things that a court might look at: for modification of child support, a court might consider such things as a change in the income level of the parents, the loss of a job of one or more parents, or a significant change in a child’s situation (e.g., graduation from high school). For modification of child custody, factors considered might include stability in employment, stability of residence, and correction of any parental issues which the court pointed out in prior hearings. For parenting time, courts could possibly consider some or all of the areas mentioned above.
These are, of course, only general guidelines; the items considered by a court in any particular situation could be different. As is often the case when dealing with matters of this type, the assistance of an experienced attorney can be invaluable in helping you navigate through the process. If possible, seek counsel from a family law attorney, to give yourself the best chance at achieving a modification that fits your situation.
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NOTE
All legal references are made with respect to Indiana law. Please check the laws of your local jurisdiction if you live in another state.
The articles in this blog are for informational purposes only. No attorney-client relationship is established through the publication of these articles.
