Life does not stay the same after a divorce. Jobs change, income goes up and down, and kids need different things as they grow. Because of this, court orders about alimony and custody don’t always last. A Connecticut family lawyer can help you figure out when you might be able to ask the court to make changes.
In Connecticut, you usually have to show that something important has changed since the last court order. The court won’t change things just because you want them to be different. There must be a real reason related to finances, parenting, or the child’s well-being.
What counts as a “substantial change” in Connecticut?
You usually need to show a substantial change in circumstances, especially for alimony. For custody, the court focuses on the child’s best interests and may also consider whether circumstances have changed. This means that something important has changed in your life or the life of the other parent.
This usually has to do with money when it comes to alimony. For custody, it puts more emphasis on what is best for the child. The court carefully examines the changes and determines if they are substantial enough to warrant an update to the order.
Some common reasons are losing a job, getting a better-paying job, getting sick, moving, or changes in a child’s schedule or needs. The change usually must be significant and ongoing, not just temporary.
When can alimony be modified?
Alimony (also called spousal support) can sometimes be increased, decreased, or ended. The court will review the financial situation of both parties.
You may be able to request a change if income has significantly changed, if one person becomes unable to work, or if the receiving spouse no longer needs support in the same way. Alimony may end if the receiving spouse remarries. If they live with someone else, the court may reduce or end alimony, but only if that living arrangement changes their financial needs.
But not all orders for alimony can be changed. Some divorce agreements clearly state that alimony is non-modifiable. If that language is in your order, the court may not allow changes.
When can custody or parenting time be changed?
It is also possible to change custody and parenting time, but the child’s best interests should always come first. The court won’t change anything unless there is a good reason and the change would make things better for the child.
A judge might think about whether the current situation isn’t working anymore or if something new is affecting the child’s safety, stability, or growth. The court wants to make sure that children are safe and have people who care about them.
Here are some situations that may justify a custody or parenting time change:
- One parent plans to move far away, making the current schedule difficult
- The child’s needs have changed due to age, school, or health
- One parent is not following the current court order
- There are concerns about the child’s safety or well-being
- A parent’s work schedule has changed significantly
These situations do not automatically mean a change will be granted, but they may give the court a reason to take a closer look.
Do you always need to go back to court?
Yes, most of the time. It’s still important to get the new agreement approved by the court, even if both parents agree to it. The old terms are still legally in effect until a court order says otherwise.
Usually, the first step is to file a motion for modification. The court will then look over the request, and there may be a hearing where both sides can present their position. A judge will decide if the change is legal.
A Connecticut family lawyer can help you get the right papers ready and make your case clear. This can have a big effect on how your request is handled.
How long does the process take?
The time frame may change based on the court and the specifics of your case. If both sides agree, some cases move quickly. If there is a disagreement, though, it can take longer.
As soon as you think a change might be needed, you should take action. If you wait too long, things can get more complicated, especially if money problems or parenting problems keep happening.
How can you improve your chances of success?
The most important thing is to show clear proof of the change and explain why it needs to be made. You may need to show proof of your request, such as financial records, work schedules, school information, or other supporting evidence.
The court wants to know that the change is real, lasting, and important. It also wants to know that the new plan will be fair and, in cases of custody, better for the child.
If you want to change your alimony or custody, a Connecticut family lawyer can help you understand what you can do and what you should do next. The Merino Family Law team can help you through the process and make your case stronger. Call (203) 810-9004 or fill out our online contact form to set up a meeting to talk about your situation.