How Do I Modify an Out-of-State Divorce Decree?

A divorce decree is often the result of long negotiations and difficult decisions. It is a crucial document that governs the financial and personal aspects of a divorce. The terms of the divorce may be in effect for a long time, particularly if you have children.

To change the terms of child custody, child support, or alimony, you need to modify the divorce court order. If you still live in the same state, you can go through the same family law court. However, if you move out of state, the process can take longer. For legal advice about modifying a divorce decree after you move out of state, talk to a local divorce attorney.

Understanding Out-of-State Divorce Decree Modifications

During divorce proceedings, the family law judge enters a divorce decree to terminate the marriage. A divorce decree is a court order to determine how you handle property division, spousal support, and child custody after separation. The court order stays in effect as long as required.

To make changes to the settlement agreement, you need the court to modify or amend the order. You or your former spouse can try to modify the original order with a court filing. However, the other person gets a notification and has a chance to respond. If you can’t agree on how to modify the court order, the court will decide.

Jurisdiction for modifying divorce orders, especially for child support and custody, is determined by the Uniform Interstate Family Support Act (UIFSA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which often prioritize the child’s home state or the state with a significant connection to the child. If you want to change the jurisdiction, you generally need to petition the court to let another state have control of the case. The court can give up jurisdiction if it is more appropriate for the new state to decide child support changes.

Enforcing Divorce Settlement Agreements

If you move to a new state, your new state will generally enforce the orders from another state. For example, if you have child support orders from a family law court in Texas, and your ex-spouse moves to Ohio, Ohio will generally enforce the child support orders if your ex does not make payments. If you or your spouse wants to modify those child support obligations, you have to go through the Texas family court.

All states follow the UIFSA, which determines jurisdiction for support orders. While a new state may gain jurisdiction to modify child support if both parents move there, the original state generally retains the exclusive power to modify spousal support for the duration of the order, even if both parties move.

Requirements for Modifying Child Custody Orders

The most common type of divorce decree modification involves child custody. Parents can decide child custody agreements, including parenting time, child visitation schedules, and legal custody. If the parents cannot come up with a parenting plan, the court can decide. The court can modify child custody orders if both parents agree.

If there is a dispute about the child custody orders, the court will decide. The family court makes decisions about child custody depending on the best interests of the child.

Generally, the court will keep the original custody orders in place unless there is a significant change in the family situation. For example, the court can modify child custody arrangements based on:

• Change in the child’s healthcare needs
• Parent or child moving to another state
• The parent presents a risk or danger to the child
• A new partner is a danger to the child

Most states follow the UCCJEA, which gives jurisdiction over child custody issues to the state where the child resides.

A child resides in the state where the child has been living with a parent for at least six consecutive months prior to the proceeding. If a parent has to modify the child custody orders earlier, the state with a significant connection to the child should have jurisdiction. In emergency situations, like abandonment or abuse, any state where the child is physically located can have jurisdiction.

Legal Reasons for Modifying Child Support

Another common modification of divorce decrees includes child support. State child support guidelines determine how much the noncustodial parent pays in support. Factors to determine the amount of child support include the parent’s income, the number of children, and the child’s needs.

Generally, the court will modify child support orders if there is a substantial change of circumstances. This includes a change in your financial situation or either parent moving to a new state. If you move to another state, travel costs for the child to visit may be considered in child support calculations. However, any changes to child support obligations would require a court order based on a substantial change in circumstances.

Legal Resources for Divorce Decree Modifications

An experienced divorce attorney can help you through the process of making changes to your divorce agreement. Your attorney can give you legal advice about when you can modify a divorce decree and get started on the process. If you need to change your divorce case to another state, a local attorney can answer your questions about changing jurisdictions. Contact a divorce lawyer to modify an out-of-state divorce decree.