What Terms Of My Divorce Order Can Be Changed?

When you divorce a spouse, your family court judge will issue an order about many things including property and debt division and terms regarding raising children, if you have any. Terms about how much child support is to be paid, where the children live primarily, and who makes decisions about their education, religion, and health are memorialized in this court order. However, as children age and family dynamics change, the original family court order may not reflect the current needs of the parents or children.

A substantial change must occur to make the previous family court order unreasonable for the judge to consider a modification of the original order. Whenever a modification is needed, it can be changed by agreement and adoption by the court or after a hearing in front of the judge. As previously stated, changes as they relate to children can be made, however, provisions in the original order that lay out how property will be divided are typically not modifiable.

If circumstances have not changed to warrant a modification of the original court order in the judge’s eyes, the judge will leave things as they are. In answering the question on whether an original family court order is still enforceable, it depends. The original provisions that were altered because of a change in family dynamics are not provisions that will still be enforceable. However, the provisions that are not changed will remain intact and are enforceable. If you want to learn more about how modifications in family court orders come about, check out our previous blog post, “Modification of Child Support in Indiana.”

Understanding the terms of your family court order is important when coparenting with an ex. Contact the family law attorneys at McNeelyLaw LLP with any questions about your current order or if a modification is necessary.