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A divorce decree – commonly titled as a “Judgment of Absolute Divorce” – is a Court Order, and like all Court Orders, it carries real legal force. But life rarely stays the same after a divorce is finalized. Jobs change. Children grow. Circumstances that seemed settled at the time of the decree may look very different a year or five years later. If you find yourself wondering whether the terms of your divorce decree can be modified, the answer is: it depends on what you are trying to change.
Depending on the type of provision in your divorce decree you are seeking to change, you will encounter different procedures and substantive law which governs your ability to seek a modification. In this series of articles, we will explore the different types of issues that people seek to modify post-divorce and the legal standards for each.
Provisions in a divorce decree that address child custody, visitation, and child support are always subject to modification by the Court. This is not simply a matter of procedural convenience—it reflects a foundational principle of Maryland family law: the best interests of the child are paramount, and the Court must be able to modify custody and support terms if the circumstances warrant a change. Indeed, as the Maryland Court of Appeals has stated, “with respect to child custody cases, the power of the court is very broad so that it may accomplish the paramount purpose of securing the welfare and promoting the best interest of the child.” Santo v. Santo, 448 Md. 620, 627 (2016).
To obtain a modification of a custody or visitation order, the moving party—the parent seeking the change—must first satisfy the material change in circumstances standard. “[A]lthough custody and visitation orders entered by the court are intended to provide some measure of finality, courts will entertain motions to modify custody and visitation if a party can show a material change in circumstances affecting the best interest of the child.” McMorrow v. King, 264 Md. App. 708, 722 (2025). This threshold requirement serves an important gatekeeping function: it prevents the courts from being inundated with repeated, unwarranted modification requests and provides both parents and children with a degree of stability after the initial custody determination.
Put simply, “a material change of circumstances is a change in circumstances that affects the welfare of the child.” Velasquez v. Fuentes, 262 Md. App. 215, 246, 318 A.3d 18, 36 (2024). It is not enough to show that something has changed; the change must be relevant to the child’s best interests. Maryland Courts have found material changes in circumstances in a variety of situations, including:
If, and only if, the moving party is able to sufficiently demonstrate a material change in circumstances, the Court conducts a renewed best-interests analysis. This may or may not result in a change of the custodial arrangement, depending on what the Court feels to be in the best interests of the child at that time. Indeed, “[t]he light that guides the trial court in its [custody] determination … is the best interest of the child standard, which is always determinative in child custody disputes.” Santo, 448 Md. at 626.
Much like child custody and visitation, child support orders are also modifiable upon a showing of a material change in circumstances. “When presented with a motion to modify child support, a trial court may modify a party’s child support obligation if a material change in circumstances has occurred which justifies a modification.” Ley v. Forman, 144 Md. App. 658, 665 (2002). In the child support context, the most common grounds for modification include a significant change in either parent’s income, a change in the child custody arrangement (which directly affects the support calculation) or a change in the child’s medical or educational needs.
When it comes to modifying child custody or support, satisfying the material change in circumstances standard is only the beginning of the analysis — it opens the door to the Court’s consideration, but it does not guarantee a modification. Once the threshold is met, the Court conducts a fresh best-interests inquiry as if the custody case were being decided for the first time, weighing all relevant factors in light of the child’s current needs and circumstances. The same principle underlies child support: modification is available, but the burden rests squarely on the moving party to demonstrate that a meaningful change has occurred.
If you are considering a modification of custody, visitation, or child support, the attorneys at Greenberg Legal Group LLC can evaluate your circumstances and advise you on whether the applicable standard can be met. In Parts II and III of this series, we will turn to a different — and considerably more difficult — question: whether provisions of your divorce decree that do not involve children, such as alimony and the division of marital property, can be revisited after the Court has entered its judgment.
This article is intended for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with Greenberg Legal Group LLC. Every family law matter is unique; you should consult a licensed Maryland attorney regarding your specific circumstances.
