Modification of Court Orders | Leffler, Bayoumi & Oliver, LLC

In Maryland, these orders are not always permanent, and courts may modify them when legally sufficient changes in circumstances are shown.

At Leffler, Bayoumi & Oliver, we assist clients both in seeking appropriate modifications and in responding to modification requests that may not be justified. Our attorneys evaluate whether a proposed change is likely to succeed, explain the legal standards involved, and guide clients through a practical, cost-conscious approach to pursuing or defending a modification so they can make informed decisions about next steps.

Child Custody Modifications

Custody orders may be modified when there has been a material change in circumstances affecting the child's best interests. Common reasons can include a parent's relocation for work or family needs, a child's evolving developmental or educational requirements, safety concerns such as substance abuse, neglect, or domestic violence, changes in a parent's work schedule or health, or, in appropriate cases, an older child's stated preferences. Courts may also consider repeated interference with the other parent's relationship with the child or ongoing non-compliance with existing custody orders.

In every case, the court's primary focus remains the child's best interests, not the convenience of either parent.

Child Support Modifications

Child support can be modified when there is a material change in circumstances, typically involving:

Income Changes

Job loss or significant income reduction
Substantial income increase
Disability affecting earning capacity
Retirement

Changed Needs or Circumstances

Change in the child's needs (medical, educational)
Change in custody arrangement affecting overnights
Child reaching age of majority or emancipation
Changes in health insurance costs
Additional children from other relationships

Automatic Review

Maryland allows either parent to request a review of child support if three years have passed since the last order, without needing to prove changed circumstances.

Alimony Modifications

Alimony modifications are governed by specific legal rules. Some forms of alimony may be changed when circumstances warrant, while others are designated as non-modifiable in a separation agreement or court order. When alimony is expressly labeled non-modifiable, courts generally cannot alter its terms. However, in limited situations, such as where enforcement would be unconscionable or other legally significant circumstances exist, a challenge or modification may still be worth exploring. Our attorneys can evaluate whether pursuing a change makes financial sense, discuss cost-effective options, and help you decide how best to proceed.

Grounds for Modification

Significant income change for either party
Retirement of the paying spouse
Serious illness or disability
Recipient spouse's cohabitation with a new partner
Remarriage of the recipient (usually terminates alimony)

The Modification Process

Whether you are seeking a modification, or defending against one, the modification process typically involves several steps. The process begins with evaluating your circumstances to determine whether legal grounds exist for a change. From there, relevant documentation is gathered to demonstrate what has changed, followed by filing a formal motion with the court and properly serving the other party. Whenever possible, the parties may attempt to negotiate revised terms to avoid further litigation. If an agreement cannot be reached, the court will hold a hearing where each side has the opportunity to present evidence and arguments for the judge's consideration.

What You Cannot Modify

Certain aspects of a divorce agreement are typically not subject to later modification. Once a divorce is final, the division of marital property is generally permanent. Likewise, alimony that is expressly designated as non-modifiable in a separation agreement or court order usually cannot be changed, and parties may also agree that certain contractual provisions will remain fixed and outside the court's power to alter.

Emergency Modifications

In urgent situations involving child safety, courts can issue emergency modifications. Some of these situations may include evidence of child abuse or neglect, substance abuse affecting parenting, domestic violence, and immediate risk of parental kidnapping.