Post-Divorce Modifications

You can request a modification when there has been a substantial change in circumstances since your divorce was finalized. Courts in both Nevada and California require a meaningful change that makes the original terms of your decree impractical, unfair, or not in the best interests of your child.

Examples include:

A significant increase or decrease in income.

Loss of employment or major changes in work schedule.

Relocation of a parent.

Medical conditions or disabilities affecting a parent or child.

Changes in a child’s educational, medical, or emotional needs.

Without a substantial change, the court is unlikely to approve a modification. At Handelin Law, we help evaluate whether your situation qualifies and gather the necessary evidence to present a strong case.

In Nevada and California, custody and visitation orders can be modified if doing so is in the best interests of the child and there’s a substantial change in circumstances affecting the child’s welfare. Courts consider factors such as each parent’s stability, the child’s relationship with each parent, and the ability to meet the child’s needs.

For example, if a parent’s work schedule changes from daytime to night shifts, the parenting schedule may need to be adjusted to maintain consistent care. Similarly, if one parent plans to move a significant distance, custody arrangements may need to be revised to preserve the child’s relationships and schooling.

We assist clients in negotiating new parenting plans and, when necessary, presenting modification requests in court to ensure the child’s needs remain the priority.

Child support modifications are allowed when there’s been a material change in financial circumstances, such as a job loss, salary increase, or changes in custody arrangements. In Nevada, a change in income of 20% or more may qualify for a review, and either parent can request one every three years even without a major change. California follows a similar approach, using state guidelines to determine new amounts.

Changes in a child’s needs — such as new medical expenses or educational costs — can also justify a modification. It’s important to remember that until a new order is approved by the court, the original child support amount remains enforceable. We work quickly to file modification requests so adjustments take effect as soon as possible.

Spousal support can be modified in Nevada and California only if the original divorce order allows for modification. If the decree specifically states support is non-modifiable, changes are generally not possible unless both parties agree.

When modification is permitted, courts look for substantial changes, such as the paying spouse’s involuntary job loss, retirement, or the supported spouse’s remarriage or cohabitation. In some cases, a significant improvement in the supported spouse’s earning ability can justify reducing or terminating support.

Because the rules vary depending on the original divorce terms, we review your decree carefully before advising on whether a spousal support modification is possible.