Post-Divorce Modifications in Howard County

When a divorce is finalized, the court's orders reflect your family’s circumstances at the time that the order is entered. But, life changes. Maryland law recognizes that certain terms of a divorce decree may need to change too. If there has been a significant change in your financial circumstances, or those of your former spouse, you may have the right to ask the court to modify an existing support order.

At the Law Office of Shelly M. Ingram, our attorneys help clients throughout Howard County and the surrounding Maryland counties seek modifications to custody, child support, and alimony orders. We understand how important these issues are to you and your family, and we are committed to helping you pursue an outcome that reflects your current needs.

When Can a Court Order Be Modified?

To modify a court order in Maryland, you generally must show that there has been a material change in circumstances since the order was entered. For custody and child support modifications, the change must be significant enough that the existing order no longer serves the best interests of the child. For alimony or support modifications, the change must be significant and result in an award of support that is no longer fair and equitable. What qualifies as a material change depends on the type of order you are seeking to modify and what the circumstances were at the time that the Order was entered.

Child Custody Modifications

If you are seeking to modify a custody or parenting time order, you must first demonstrate a material change in circumstances that affect the child or children at issue. If you meet that threshold, then the court will evaluate what custodial arrangement serves the current best interests of the child. Circumstances that may support a custody modification include:

• A significant change in a parent's work schedule or living situation
• A parent's relocation or proposed relocation
• A change in the child's needs, such as new educational, medical, or therapeutic requirements
• Evidence of domestic violence, substance abuse, or other safety concerns
• A child's own preference, depending on the child's age and maturity

Even if both parents agree on a custody change, it is important to have the modification formalized through the court. An informal agreement that is not in writing is not enforceable, and either parent could revert to the original court order at any time.

Child Support Modifications

Maryland child support is calculated using a formula that takes both parents' incomes into account, along with other factors such as the number of overnights a child spends with each parent, as well as the costs of health insurance and childcare. A modification may be appropriate if:

• Either parent has experienced a substantial change in income
• The custody arrangement has changed significantly
• The child's financial needs have changed
• In cases with more than one child, if one of the children ages out or otherwise emancipates

Child support modifications in Maryland are not automatic. You must file a motion with the court and demonstrate that there has been a material change in financial circumstances. A modification of child support will only take effect from the date you file — not retroactively to the date that the change occurred. If you think you may be eligible for a modification of child support, it is important to act promptly if/when your financial circumstances change.

Alimony Modifications

Alimony orders can sometimes be modified if circumstances have changed significantly since the original order was entered. Whether a modification is possible depends on the terms of your divorce agreement and/or the underlying court order that awards alimony. If you agreed that alimony is non-modifiable, the court generally cannot modify that agreement. However, if the order is subject to modification, you may be able to seek a change if:

• The receiving spouse has remarried or is cohabitating in a relationship similar to marriage
• There has been a substantial change in either party's financial circumstances
• The receiving spouse has become self-supporting

Rehabilitative alimony generally ends on a set date or upon remarriage. Indefinite alimony may be modified upon a showing of changed financial circumstances.

How the Law Office of Shelly M. Ingram Can Help with Post-Divorce Modifications

Seeking post-divorce modifications can feel just as daunting as the original divorce. Our attorneys take the time to understand your goals and advise you on the strength of your case before you take action. Whether your matter is suited for negotiation, mediation, or litigation, we will develop a strategy that is right for your situation.

To schedule a confidential modification consultation with an experienced Maryland family law attorney, call us at (301) 658-7354 or contact us online. Our office is conveniently located in the Maple Lawn business district of Fulton, Maryland. We look forward to working with you.