Modification of Court orders

A court order may have been appropriate at the time it was made but may no longer be suitable years later.

Family circumstances change.

Children grow up, jobs, incomes and places of residence change, and family needs evolve. As a result, certain arrangements established in a divorce judgment or agreement may need to be reviewed.

Which Arrangements Can Be Modified?

Depending on the circumstances, an application may be made to modify:

  • Child custody arrangements.

  • Contact and visitation arrangements.

  • Child maintenance.

  • Extraordinary expenses.

  • Use of the family home.

  • Other arrangements concerning the children.

  • Certain financial arrangements between the spouses.

What Has Changed Since Your Divorce?

To assess whether a modification is appropriate, it is not enough to simply prefer a different arrangement now.

It is necessary to examine the circumstances that existed when the original arrangements were established, what has changed since then and how those changes affect the current situation.

For example:

“I earn much less now.”

“The children are older.”

“I have moved to another city.”

“Our current custody arrangement is no longer working.”

“My child's needs have changed.”

“The other parent is no longer complying with the existing arrangements.”

Each situation requires a different assessment.

Modifying a Court Order Does Not Mean Starting from Scratch

The aim is to review those arrangements that no longer reflect the current circumstances while retaining those that continue to work, where appropriate.

That is why it is important to review the existing court judgment or agreement before deciding what to request.

Do You Need to Modify Your Existing Arrangements?

If your family circumstances have changed, I can review your current court judgment or agreement and assess the changes that have taken place.

Laura Rincón · Family Lawyer in Madrid

In-person appointments in Madrid and online consultations.