When a divorce decree is finalized, the terms require adherence. However, life changes and circumstances shift over time, which may prompt you to revisit certain provisions of the decree.
Post-decree modifications in Pennsylvania are possible, but they have limits. These limits ensure that the process remains fair and stable for everyone involved.
What can you modify in a post-decree situation?
The court can modify various aspects of a divorce decree, including child custody, child support, and spousal support, depending on the situation.
For example, if a party experiences a significant change in financial circumstances, that party can request a modification to spousal support. Similarly, a parent may seek to alter child custody arrangements if the child’s needs or the parent’s living situation change. However, not all terms are subject to change. Some provisions remain final, especially if both parties agreed to them as part of the settlement.
What limits exist for modifications?
Pennsylvania allows post-decree modifications, but the party requesting the modification must show a substantial change in circumstances. Minor or temporary changes typically don’t justify a modification. A small change in income or a temporary living situation won’t meet the threshold needed to modify the decree. The court evaluates whether the modification serves the best interest of any children involved and whether the change is significant enough to warrant a review of the agreement.
How does the court decide?
The court uses several factors when deciding whether to grant a modification. In custody cases, the child’s welfare and needs come first. For support-related modifications, the court evaluates both parties’ financial situations. Pennsylvania law emphasizes that circumstances must differ significantly from when the original decree was made.
Post-decree modifications offer flexibility, but they are not limitless. The need for substantial change is a key consideration in Pennsylvania divorce law.
When considering a post-decree modification, ensure that the changes you request meet the standards required by law.
