Associate Attorney
A divorce decree might feel like the end of the road, but life after divorce can be unpredictable. A new job, health concerns, or a child’s changing needs may make your original divorce terms difficult or even impossible to follow.
In North Carolina, courts recognize that circumstances can change. You have the right to request a modification when the original agreement no longer fits your life. At Patrick, Harper & Dixon, LLP, we work with clients throughout North Carolina to seek or defend post-divorce modifications that protect their best interests and the well-being of their families.
What Can Be Modified After Divorce?
In North Carolina, certain parts of a divorce judgment can be changed by filing a motion with the court. The main areas eligible for modification include:
- Child custody – physical or legal custody arrangements, including holidays, weekends, and summer plans
- Child support – monthly payment amounts or contributions to expenses
- Spousal support (alimony) – duration and amount of support
However, certain elements, such as property division or debt allocation, are typically final and cannot be modified unless there is evidence of fraud or a similar issue. If you’re unsure which parts of your divorce decree can be revisited, we can help you review the order and explore your options.
What Counts as a Substantial Change?
To request a modification, the law requires more than personal preference. You must show that a substantial change in circumstances has occurred since the order was entered. In order to modify anything related to a custody order you must go even further and show that a substantial change in circumstances has occurred and it affects the best interests of the minor children.
Here are some examples that courts in North Carolina often recognize:
Custody and Visitation:
- One parent plans to relocate
- A child develops special educational or medical needs
- A parent becomes unable to care for the child due to illness or addiction
- A parent experiences a significant increase or decrease in income
- One parent loses a job or becomes disabled
- Changes in the child’s expenses (e.g., medical bills, tuition)
Alimony:
- The receiving spouse remarries or begins cohabiting with a new partner
- Either party’s financial situation changes significantly
What usually doesn’t count?
- Mild disagreements about parenting choices
- Small changes in income
- A desire to reduce payments without justification
The person requesting the change must provide evidence and meet the burden of proof. Courts don’t modify orders lightly; they need to be convinced that the change is meaningful and long-lasting.
How the Modification Process Works
In most cases, the process begins by filing a motion to modify in the same court that issued your original divorce order. From there, you’ll need to:
- Gather documentation. This might include pay stubs, tax returns, medical records, school reports, or written statements from professionals.
- Serve the other party. The court requires that your former spouse receive official notice.
- Attend a hearing. Both parties can present evidence and testimony. The judge will decide whether a modification is appropriate based on the facts presented.
Sometimes, both parties agree to the change. In those cases, you can submit a consent order for the judge to sign, which may avoid the need for a hearing.
Timeframes vary. A simple, uncontested modification may be resolved in a few weeks. Contested matters can take several months, especially if child custody evaluations or multiple hearings are involved.
Temporary Agreements vs. Permanent Modifications
You and your former spouse may agree on a short-term change, like adjusting visitation during a work trip or pausing alimony while someone is between jobs. These temporary arrangements can work well when both sides are cooperative.
However, without court approval, they are not enforceable. If one party later backs out, there may be no legal recourse. For ongoing or significant changes, it’s best to seek a formal modification through the court system.
How We Can Help
At Patrick, Harper & Dixon, LLP, we understand that life after divorce doesn’t always go according to plan. Whether you need more time with your children, a change in support payments, or protection from an unfair modification request, we’re here to help.
Our family law attorneys have extensive experience with North Carolina’s post-divorce modification laws. We’ll review your situation, evaluate whether the change is likely to be approved, and develop a plan that fits your goals. From drafting motions to representing you at hearings, we’ll be with you every step of the way.
Ready for an Update?
If your divorce order no longer reflects your reality, it may be time to take action. A modification can give you the flexibility and support you need to move forward.
Contact Patrick, Harper & Dixon, LLP today to schedule a consultation. We’ll help you request the changes you need or protect the terms you worked hard to secure.
