What is the modification of measures?
The modification of measures is the judicial procedure through which a party requests the review and change of the measures established in a separation or divorce judgment, or in a court-approved divorce settlement agreement.
Divorce judgments are not immutable. The law allows that, when there are substantial changes in the circumstances of the parties or the children, either parent —or the Public Prosecutor, in defence of the child’s best interests— may ask the judge to adapt the measures to the new reality.
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What circumstances justify a modification?
Not every change allows a party to request a modification of measures. For the judge to grant it, the change must be relevant, stable and must significantly affect the circumstances that were taken into account when the original measures were approved.
The most common grounds include the following:
1. Modification of measures related to the children
- Change of residence of one parent to another city or country.
- Change in the child’s needs, whether educational, medical or personal.
- Variation in the child’s age and maturity that makes it advisable to review the custody arrangement.
- Situations of risk, neglect or difficulty in guaranteeing the child’s welfare.
2. Modification of measures related to finances
- Job loss or significant reduction in income of the person required to pay support.
- Relevant increase in the income of the person required to pay support.
- Increase in the child’s financial needs, such as a change of school, medical treatment or new educational needs.
- Beginning of a new relationship or cohabitation by the recipient of spousal maintenance, when it may affect the measure established.
3. Modification of measures related to the family home
- Sale or loss of the family home attributed to one of the spouses.
- Change in the circumstances that justified the allocation of use of the family home.
How is it processed?
The modification of measures can be processed in two ways:
- By mutual agreement: if both parents agree on the new terms, they may jointly submit an amended agreement. The judge will approve it if it complies with the child’s best interests and with the law.
- Through contested proceedings: if there is no agreement, either party may file a claim for the modification of measures. The judge will decide after assessing the evidence submitted by both parties.
When do the changes take effect?
As a general rule, the effects of the modification arise from the date of the judgment or from the court approval of the new agreement, not from the moment the application is filed.
Therefore, when there are sufficient grounds, it is important to act diligently and not delay the request for the modification of measures.
Child support and the modification of measures
Child support is one of the measures most frequently reviewed. The amount may be increased if the child’s needs or the paying parent’s income increase, and it may be reduced if the latter proves a significant decrease in their financial resources.
In any case, until a new court decision exists, the previous measure remains enforceable. For this reason, it is not advisable to stop paying or to unilaterally change the amount without first obtaining a court decision authorising it.
Practical summary
| Question | Answer |
|---|---|
| What is it? | A procedure to review measures established in a judgment or in a court-approved agreement. |
| When is it appropriate? | When there is a substantial, relevant and stable change in the circumstances. |
| Can it be done by mutual agreement? | Yes, through an amended agreement that must be approved by the court. |
| What if there is no agreement? | It is processed through contested proceedings for the modification of measures. |
| Which measures are usually modified? | Custody, visitation, child support, the family home, spousal maintenance and family expenses. |
For a more practical explanation, you can read our article on when and how child support can be modified.