## Modifying divorce decrees in West Virginia West Virginia divorce decrees aren't necessarily permanent. Most provisions — child support, custody, alimony, visitation — can be modified when circumstances change substantially. **Property division is the exception** — generally cannot be reopened. ## What CAN be modified **Modifiable provisions:** - **Child support** (most flexible) - **Child custody / parenting time** - **Visitation schedules** - **Spousal support / alimony** (sometimes) - **Health insurance for children** - **Tax claim allocations** - **Educational provisions** - **Medical / extracurricular decisions** ## What CANNOT be modified **Non-modifiable provisions:** - **Property division** (generally final) - **Debt allocation** - **Specific asset transfers** - **Lump-sum alimony** (typically) - **QDRO awards** (generally final) - **One-time transfers** in decree **Limited exceptions:** - Fraud in original disclosure - Newly discovered evidence - Mistake / mutual error - Specific time limits ## Standard for modification **Common requirement:** **"Substantial change in circumstances":** - Material change since last order - Not merely existed at time - Not foreseen in original order - Affects basis of order - Specific to issue at hand **${s.name} specific:** - Specific statutory language - Specific case law standards - Sometimes different for different issues ## Child support modifications **Common reasons:** **Income changes:** - Job loss / disability - Promotion / raise - Self-employment changes - Retirement - Lottery / inheritance - Significant increase or decrease **Children's needs:** - Aging out (emancipation) - Medical conditions developing - Educational needs - Special-needs assessments - Dependent care changes **Custodial changes:** - Modified custody affects support - Time-sharing changes - Each parent's percentage **Other:** - New children from new relationships - Other support obligations - Health insurance changes - Childcare cost changes **${s.name} guidelines:** - Specific guidelines apply - Calculator-based - Periodic review possible - Specific deviation factors **"Three-year rule":** - Some states allow review every 3 years - Without showing substantial change - Specific procedures - Limited applicability ## Child custody modifications **Higher bar typically:** **Substantial change PLUS best interests:** - Cannot relitigate without change - Best interests of child - Specific factors considered - Stability preference **Common reasons:** **Parental issues:** - Substance abuse developing - Mental health deterioration - Domestic violence - Criminal activity - Inadequate parenting - Refusal to follow court orders **Child's needs:** - Educational needs change - Medical / mental health needs - Child's preferences (age-dependent) - Maturity / developmental changes - Specific child issues **Logistical:** - Relocation by parent - Work schedule changes - Healthcare access - School district issues - Significant commute **Time-sharing changes:** - Gradual shifting of time - Major schedule changes - Specific provision modifications ## Relocation modifications **Major modification trigger:** - Parent wants to move - 30+ miles or out of state typical - Specific notice requirements - Court approval often required - Specific factors considered - Significant litigation risk **See relocation guide for details.** ## Spousal support / alimony modifications **Generally modifiable for:** **Increase / decrease:** - Substantial change in either party's income - Cost of living adjustments - Specific clauses in original **Termination:** - Recipient's remarriage (usually automatic) - Recipient's cohabitation (sometimes) - Recipient's death - Payor's death (sometimes) - Specific termination dates **Non-modifiable alimony:** - Lump-sum awards typically - "In gross" alimony - Property settlement disguised as alimony - Specific contractual provisions ## Process **1. Petition for modification:** - File with same court that issued decree - Specific allegations - Substantial change shown - Specific relief requested **2. Service on other party:** - Personal service typically - Specific requirements - Notice of hearing **3. Discovery:** - Updated financial information - Current circumstances - Children's status - Specific documents **4. Mediation (sometimes required):** - ${s.name} requirements - Settlement opportunity - Reduces litigation **5. Hearing / trial:** - Evidence presentation - Witnesses - Court ruling **6. Modified order:** - New written order - Specific terms - Effective date - Replaces (or modifies) prior order ## Effective date **Generally:** - From filing of petition - Sometimes earlier (with cause) - Specific to ${s.name} rules - Federal Bradley Amendment for child support (no retroactive reduction) **Bradley Amendment (1986):** - Federal law - Cannot retroactively reduce child support - Each missed payment becomes judgment - Modification only forward-looking - Applies regardless of state ## Common scenarios **Job loss + child support:** - File modification IMMEDIATELY - Don't unilaterally reduce payments - Past-due continues accruing - Modification only forward-looking - Document job search efforts **Custodial parent's relocation:** - Notify other parent + court - Specific procedures - Best-interests analysis - Often litigated heavily - Reasonable alternative custody **New marriage + alimony:** - Recipient remarries = often automatic termination - Specific to original order - Some states cohabitation also - Specific evidence requirements **Children aging out:** - Emancipation or majority age - Support automatically terminates (usually) - Sometimes through college - Specific ${s.name} rules **Special needs continuing:** - Adult disabled child - Continued support possibility - Specific procedures ## Voluntary changes **Without court approval:** - Generally not advisable - May not be enforceable - Past-due continues accruing - Always file formal modification - Even informal agreements should be approved ## Multiple modifications **Cumulative:** - Each modification builds on prior - Specific records important - Recent changes affect future modifications - Pattern recognized by court ## Cost considerations **Modification proceedings:** - Filing fees: $50-$300 - Attorney's fees: $1,500-$15,000+ - Mediation: $500-$3,000 - Less than initial divorce typically - Specific to complexity **Pro se options:** - Self-help forms in many states - Court self-help centers - Mediation helpful - Better with counsel for complex ## Strategic considerations **Before filing:** - Document changed circumstances - Consider negotiation first - Try mediation - Consider effective date timing - Calculate likely outcome - Cost-benefit analysis **During process:** - Continue paying ordered amounts - Document compliance - Don't unilaterally modify - Maintain communication - Comply with discovery **After modification:** - Comply with new order - Update wage withholding - Document compliance - Plan for future ## Common mistakes - **Unilateral modifications** (illegal, accumulating arrears) - **Delay in filing** (lost retroactive relief) - **Inadequate documentation** of change - **Trying to relitigate** original decree - **Missing deadlines** - **Inadequate disclosure** of finances - **Ignoring orders** during pendency - **Settling without writing** ## What you should do If you need to modify a West Virginia divorce order: file petition immediately if circumstances changed (especially child support — Bradley Amendment limits retroactive relief). Don't unilaterally change payments. Most West Virginia family attorneys handle modifications. Many cases settle through mediation. Cost typically $1,500-$15,000. --- *This guide is general information about West Virginia law as of mid-2026 and is not legal advice. Modifications are technical + time-sensitive. Talk to a licensed West Virginia family-law attorney about your specific situation.*