If you lose your job, become disabled, are forced to reduce your salary, or experience some other major life change, you may be wondering how it will affect your child support or alimony obligations. At the time of his divorce, he probably signed a settlement agreement or received a final decree from the court, which describes the amount and duration of his payments. Despite the firmness of these decisions, the courts recognize that things change. While he cannot run back to court for a trivial reason, a significant change in circumstances may warrant a later modification of the decree.

The first thing you should do is consult with an attorney who is experienced in post-judgment divorce matters. They will be able to explain your options based on your individual circumstances. He should file paperwork with the court requesting the modification as soon as possible, because until a modification is approved, he must continue to pay.

The main question in the post-decree modification is whether your change in circumstances is significant. Losing your job does not automatically exempt you from making spousal or child support payments. The court will look at your individual situation and determine if the change in your income/circumstances warrants a modification. Remember, you are obligated to make child support payments until the judge tells you otherwise.

If you are paying child support/alimony to your ex-spouse and you remarry, start earning more money, or receive a large inheritance, the court may reduce your payment. If you become disabled or lose your job, your child support may be reduced. If your child support payments are reduced, you will not be refunded what you previously paid; a decrease is not retroactive. However, an increase may be retroactive. If you have another child, it generally won’t affect the support you pay for your other children.

If your written agreement says that payments are non-changeable, you will have a harder time. However, it may still be possible to get some relief from payments you simply can’t afford due to job loss or some other unavoidable obstacle.

Other issues that can bring parties to a divorce back to court include seeking a change in custody or visitation, a parent moving out of state, or enforcing custody, child support/alimony orders. or child support. The division of property is usually final. The court generally does not redistribute property that was divided by the court or by mutual agreement.