Divorce decrees are meant to bring closure. But life rarely sits still. People lose jobs or get promoted, kids grow up and switch schools, health situations change, and recently, COVID-19 upended schedules, income, and parenting routines for millions of families.
When real life diverges from the plan on paper, courts allow “post-judgment” modifications so that orders for custody, child support, and alimony (spousal support) can better fit current circumstances.
Below is a guide to how post-judgment changes work, what counts as a valid reason to ask the court to modify orders, how COVID affected pre-existing judgments, and practical steps to take if you need a change.
Can You Change a Divorce Agreement After Signing?
Yes, but not always. Some parts of a divorce judgment are “final” and can’t be changed later (most commonly, division of property after the appeal window closes). Other parts are modifiable because they involve ongoing obligations or the best interests of a child. Typically modifiable items include:
- Legal and physical custody and parenting time (visitation)
- Child support
- Spousal support (unless the original order expressly says it’s non-modifiable)
Courts almost always require a material change in circumstances to modify an agreement since the last order—something significant, not a minor or temporary blip. For custody, judges also apply the best interests of the child standard.
What Counts as a “Material Change”?
Common examples include:
- Income shifts: job loss, major pay cut, disability, significant new income, or a change from employee to contractor/gig work.
- Child-related needs: new medical/educational needs, therapy, special services, or a shift in school schedules/activities.
- Relocation: a move that makes the current parenting plan unworkable.
- Schedule changes: new work shifts, military deployment, or caregiving duties for another family member.
- Safety and health factors: substance misuse, domestic violence, or serious health changes.
- Cohabitation and remarriage: often relevant to spousal support (varies by state).
Custody and Parenting Time: Staying Child-Focused
Small adjustments (e.g., swapping a pickup time) are often resolved informally or through mediation. Bigger shifts, like changing the primary residence or altering weekday and weekend splits, often require court approval.
If you’re facing a proposed change, you may find this guide useful: how to react to child custody modifications.
What courts weigh for custody changes:
- Stability and continuity in the child’s routine.
- Each parent’s ability to meet day-to-day needs (school, medical, emotional).
- Distance and logistics (commute to school, extracurriculars).
- Co-parenting communication and flexibility.
- Child’s preference (where allowed and age-appropriate)
- Any safety concerns
How COVID-19 Reshaped Custody
The pandemic forced quick adaptations to custody that still echo today. Virtual visitation became the fallback when travel or exposure risks made in-person time impractical, and remote schooling shifted weekday supervision burdens. These novel circumstances often required entirely new daytime parenting plans.
During lockdowns, courts issued temporary, emergency orders that many families later formalized once routines stabilized. Health-based considerations, such as protecting vulnerable family members and following quarantine rules, also supported temporary deviations from existing plans.
Through it all, courts expected parents to act reasonably, communicate changes, and avoid “self-help” (unilaterally withholding time). When agreements broke down, judges looked closely for evidence that each parent had tried in good faith to cooperate and problem-solve.
Child Support: When You Need to Change Child Support After Divorce
Support is typically set by a formula that considers income and parenting time. If inputs change, the number should change too. If you’re exploring a child support modification, remember these guidelines:
- File promptly. In many states, any change can only be made retroactive to the date you file (or give formal notice), not the date your income changed. Waiting can create arrears you still owe.
- Document everything. Bring pay stubs, termination letters, unemployment benefits statements, tax returns, medical bills, and proof of job searches if unemployed.
- Expect imputed income if underemployed. If a court finds you’re voluntarily earning less than you could, it may “impute” a higher income based on your recent history, education, and local job market.
- Health insurance & childcare costs (premiums, after-school care, daycare) can be adjusted when they rise or fall materially.
COVID’s Impact on Child Support
Pandemic closures and layoffs triggered widespread income changes. Courts often granted temporary reductions during unemployment or furloughs, later revisiting amounts as conditions stabilized.
Stimulus payments and expanded unemployment required case-by-case treatment under state rules. If your order predates COVID and no longer fits present-day realities: work-from-home, hybrid schedules, or new childcare costs, a modification may be appropriate.
Spousal Support (Alimony): When Can it be Changed?
Spousal support is modifiable in many states unless your decree says otherwise (e.g., “non-modifiable” support). Common reasons to modify:
- Significant income drop or disability of the payor
- Substantial increase in need of the recipient
- Cohabitation or remarriage by the recipient (effects vary by jurisdiction)
- Retirement in good faith at a typical retirement age
Courts consider the original purpose of the award (short-term “rehabilitative” vs. long-term support), the length of marriage, each party’s earning capacity, and whether the recipient has progressed toward self-support. If your order references milestones (e.g., completing training, obtaining a license), then showing progress or obstacles outside your control can matter substantially.
The Process: From Informal Agreement to Formal Order
Even if you and your ex agree on changes, get it in writing and file it. A handshake deal won’t protect you if disputes resurface.
Typical steps:
- Try to stipulate. Draft a written agreement reflecting the new terms. Courts usually approve reasonable, child-focused stipulations.
- If there’s no agreement, file a request. In many courts, you’ll complete a motion to modify divorce decree form and attach a declaration explaining the change in circumstances.
- Serve the other party. Follow your court’s service rules.
- Temporary orders (optional). If urgent, ask for temporary relief while the case proceeds.
- Mediation/parenting class. Some courts require mediation for custody disputes before a judge will hear the case.
- Hearing. Present evidence (documents, testimony). The judge issues a new order, denies the request, or sets a review date.
Tip: Keep your tone factual and solution-oriented. Judges tend to reward parents who prioritize children and propose realistic, detailed plans. For more California-specific context, this overview of things you may not know about divorce laws in California is a helpful primer before you file.
How Much Does it Cost to Modify a Divorce Decree?
Costs vary widely by situation and case complexity. Most people encounter a mix of court filing fees (often a few hundred dollars, with possible fee waivers based on income), process server or mailing costs, mediation fees (sometimes low-cost through court-connected programs), attorney’s fees (for full representation or limited-scope help, with rates and hours varying), and, in some cases, expert expenses such as court-ordered custody evaluations.
A straightforward, uncontested stipulation can be relatively inexpensive, while a contested custody matter with multiple hearings and an evaluation can run into the thousands. To keep expenses down, focus on narrowing what’s truly in dispute, exchange documents early to avoid surprises, and consider limited-scope legal assistance for drafting and strategy.
At the same time, you may be able to handle routine hearings yourself and use mediation to resolve or narrow remaining issues. Also, if you’re evaluating professional help for your situation, here’s a practical explainer on what to look for in a divorce attorney and more context on working with a divorce modification attorney.
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Post-judgment modification exists because life changes. If your finances have shifted, your child’s needs have evolved, or COVID-era realities made your old plan unworkable, you’re not stuck. Start by clarifying what changed, gather proof, and decide whether a stipulation, mediation, or formal motion is the right path. Ask yourself: Does this change significantly affect the child’s best interests or either parent’s ability to pay? If yes, the court should listen.
About Divorce Modification Lawyer, Leon F. Bennett, Esq.
The Law Offices of Leon F. Bennett have been providing ethical and effective Family Law services throughout Los Angeles and Ventura County for over 35 years. Our goal is to satisfy your and your family’s goals with compassion and efficiency to provide closure that honors the human elements of the process.
Whether you’re in need of a Los Angeles divorce mediation attorney or a child custody attorney in Los Angeles, Leon F. Bennett is an expert Woodland Hills divorce attorney who will get the desired results for you and your family.
Contact us today to request a consultation.
The information provided in this article is for general informational purposes only and does not constitute legal advice. This content is not intended to create an attorney-client relationship. The information presented should not be construed as legal counsel or a substitute for seeking professional legal advice. Any opinions expressed in this article are those of the author and do not necessarily reflect the views of the Leon Bennett Family Law Firm. Readers should not act or refrain from acting based on the information provided without first consulting a licensed attorney for advice specific to their individual situation.
