Form / Post-Judgment Motion

Custom Motion to Modify Divorce Decree Form for Post-Judgment Changes in Support or Custody

Direct Answer

A motion to modify divorce decree form asks the court that issued a final decree of dissolution to change a post-judgment provision of the order: child custody, parenting time, child support, or spousal support. The moving party must show a substantial change in circumstances since the original order, with the threshold set by state statute. The full document body is below in attorney-grade form, with the California Family Code section 3087 custody scaffold, the section 4326 retirement scaffold, and a side-by-side state-track matrix covering Texas, Florida, and New York.

Reviewed by Alexandra Chen-Park, Esq., Employment, Restrictive Covenants & Civil Litigation CounselBar: California, New York, Illinois
Editorial cover for the Motion to Modify Divorce Decree Form. A final divorce decree sits at the center labeled DECREE OF DISSOLUTION with three arrows branching to a violet CHILD CUSTODY MODIFICATION panel listing best-interest-of-the-child standard and parenting plan, a teal CHILD SUPPORT MODIFICATION panel listing income deviation above threshold and state child support guidelines and arrears, and an amber SPOUSAL SUPPORT MODIFICATION panel listing duration cohabitation material change and earnings or retirement-triggered review.
Attorney drafted
Reviewed by Alexandra Chen-Park, Esq., Employment, Restrictive Covenants & Civil Litigation Counsel
Custody, support, alimony
Filed under Fam. Code 3087, 4326, TFC 156, Fla. Stat. 61, DRL 236
Word and PDF compatible
Drops into Word or any text editor with no reformatting
State and federal
Works in CA, TX, FL, NY family courts and most state benches
Motions We Draft

Motions to Modify Divorce Decree Form We Draft, From Motion to Modify Custody to Spousal Support Review

A motion to modify custody is the most frequently filed post-judgment motion in family law practice. Legal Tank drafts the motion as a stand-alone filing or as one of three companion motions inside the same post-judgment packet: custody, support, and alimony. Each track has its own statutory threshold, its own evidentiary load, and its own proposed order shape. The movant decides which tracks to file. The court rules on what is in front of it.

For the dispositive companion when the post-judgment fight also implicates discovery sanctions or a parallel enforcement action, see drafting service for a motion for sanctions targeting discovery abuse and bad-faith conduct for the pretrial misconduct vehicle, and attorney-prepared motion for contempt of court for enforcing orders against a noncompliant party for the enforcement work that often shares a docket with a post-judgment modification.

Comparative grid of the substantial change in circumstances modification standard across California, Texas, Florida, and New York. The California column references Family Code section 3087 for custody and 4326 for spousal support. The Texas column references Family Code section 156.101 with the material and substantial change standard and section 156.401 for support. The Florida column references Statute 61.13 for custody and 61.14 for alimony. The New York column references Domestic Relations Law sections 236 and 240. Each row compares custody trigger, child support trigger, spousal support trigger, and a procedural trap to watch in each state.

Track

Child Custody Modification

Legal Tank drafts the post-judgment motion to modify legal custody, physical custody, parenting time, or decision-making authority. The motion identifies the substantial change in circumstances since the existing order, attaches the supporting declaration, and lodges a proposed amended parenting plan that the court can sign.

Fam. Code 3087 / TFC 156.101 / Fla. Stat. 61.13 / DRL 240

Track

Child Support Modification

Legal Tank drafts the post-judgment motion to modify child support, including the updated income and expense statement, the guideline worksheet, and the requested deviation findings. The motion shows the income deviation or guideline shift that crosses the modification threshold in your state.

Fam. Code 4053 / TFC 156.401 / Fla. Stat. 61.14

Track

Spousal Support Modification

Legal Tank drafts the post-judgment motion to modify spousal support, terminate alimony on cohabitation, or step the support down on retirement. The motion plots the material change in need or ability to pay and confronts any non-modification clause inside the marital settlement agreement on the face.

Fam. Code 4326 / TFC 156 / Fla. Stat. 61.14 / DRL 236

Parenting Plan

Inside a Motion to Modify Parenting Plan and the Substantial Change Threshold

A motion to modify parenting plan is the narrowest of the three custody tracks. It targets the weekly schedule, the holiday and vacation rotation, the decision-making allocation on health and education, and the right-of-first-refusal provisions inside the existing parenting plan. The motion does not change legal or physical custody. The court applies the best-interest-of-the-child standard to the requested schedule changes after the substantial-change gate is cleared.

The most common record cite for a parenting plan modification is a documented relocation by either parent, a work-schedule shift that makes the existing parenting time impossible, the child reaching an age where school and activity schedules outgrow the original plan, or a long-standing de facto deviation from the original schedule that the parties want the court to formalize. Each ground attaches different documentary evidence in the supporting declaration.

The deliverable Legal Tank drafts for a parenting plan modification is a four-document packet: the motion to modify with grounds pleaded, the supporting declaration with documents and exhibits, the proposed amended parenting plan laid out week by week, and the proposed order. Your engaging counsel files, serves, and presents the packet at the noticed hearing.

Fam. Code section 3087, 4326

California

Custody trigger
Significant change in circumstances affecting the best interest of the child under Family Code section 3087.
Child support trigger
Material change in financial circumstances under section 4053; retirement after age 65 is a presumed change under section 4326.
Spousal support trigger
Material change in need or ability to pay; supportive-relationship cohabitation under Family Code section 4323.
Procedural trap
A Marvin waiver or a stipulated non-modification provision in the marital settlement agreement closes the spousal-support door.

Fam. Code section 156.101, 156.401

Texas

Custody trigger
Material and substantial change in circumstances since the conservatorship order, evaluated under best interest of the child.
Child support trigger
Income deviation of 20 percent or 100 dollars per month from the guideline calculation under section 156.401(a-1).
Spousal support trigger
Material and substantial change in earnings or need; non-modifiable maintenance possible if so stipulated in the decree.
Procedural trap
Agreed-parent conservatorship orders are barred from modification within the first year except on serious-harm findings.

Fla. Stat. 61.13, 61.14

Florida

Custody trigger
Substantial, material, and unanticipated change in circumstances affecting the time-sharing schedule.
Child support trigger
Substantial change of 15 percent or 50 dollars per month from the guideline amount under section 61.14.
Spousal support trigger
Substantial unanticipated and involuntary change; supportive relationship under section 61.14(1)(b).
Procedural trap
An alimony agreement may include an express non-modification clause that survives the post-decree motion entirely.

DRL section 236, 240

New York

Custody trigger
Substantial change in circumstances since the prior order, weighed under best interest of the child analysis.
Child support trigger
Three years elapsed since the last order, a 15 percent income shift, or a substantial change in circumstances.
Spousal support trigger
Substantial change in circumstances or extreme hardship since the maintenance order under DRL section 236(B)(9)(b).
Procedural trap
Express opt-out waivers of the modification right are permitted but must be unambiguous in the divorce stipulation.
Drafting Mechanics

How a Motion to Modify Divorce Decree Moves From Substantial-Change Showing to Signed Amended Order

A motion to modify divorce decree rides on three documents: the motion itself, the supporting declaration that sets out the substantial-change facts under penalty of perjury, and the proposed amended order the court can sign at the hearing. The procedural shape is the same across states; only the controlling statute and the timing rule change. The state matrix above maps the specific threshold for California, Texas, Florida, and New York. The on-page form below is the California backbone, with the bracketed jurisdictional fields keyed for cross-state use.

The post-judgment hearing is shorter than the original dissolution trial. The court is not deciding custody or support from scratch. It is deciding whether the moving party met the substantial-change burden, and if so, whether the requested modification serves the best interest of the child or the appropriate post-divorce support standard. Tight motions, complete declarations, and signed-ready proposed orders win these hearings.

MOTION_TO_MODIFY_DIVORCE_DECREE.docx
Request a Customized Draft
                SUPERIOR COURT OF THE STATE OF CALIFORNIA
                       COUNTY OF [DECREE COUNTY]
                       FAMILY LAW DIVISION


In re the Marriage of:               )
                                     )
[PETITIONER FULL LEGAL NAME],        )    Case No. [Original
                                     )                Case Number]
              Petitioner,            )
                                     )    Dept: [Number]
and                                  )    Judge [Last Name]
                                     )
[RESPONDENT FULL LEGAL NAME],        )
                                     )
              Respondent.            )
_____________________________________)


      [PARTY]'S NOTICE OF MOTION AND MOTION TO MODIFY
       JUDGMENT OF DISSOLUTION; MEMORANDUM OF POINTS
        AND AUTHORITIES; DECLARATION OF [DECLARANT];
        PROPOSED AMENDED PARENTING PLAN; PROPOSED ORDER
   (Cal. Fam. Code sections 3087, 4326; Cal. R. Ct. 5.92)


    Hearing Date: [Date]
    Hearing Time: [Time]
    Department:   [Number]
    Reservation:  [Reservation ID]


    TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

    PLEASE TAKE NOTICE that on the above date, time,
and department, [Petitioner / Respondent Full Legal Name]
("Moving Party") will move this Court for an order
modifying the Judgment of Dissolution entered in this
action on [Original Decree Date] as to:

         [ ]  Child custody and parenting time
         [ ]  Child support
         [ ]  Spousal support


I.   STATEMENT OF GROUNDS

     1.  This motion is brought under California Family
         Code section [3087 (custody) / 4326 (spousal
         support) / 3651 (child support)], on the ground
         that a substantial change in circumstances has
         occurred since the entry of the Judgment of
         Dissolution on [Original Decree Date].

     2.  The proposed modification serves the best
         interest of the child / the appropriate
         post-divorce support standard, as set out in
         the supporting Declaration.


II.  SUBSTANTIAL CHANGE IN CIRCUMSTANCES

     3.  The Judgment of Dissolution entered on
         [Original Decree Date] provided that
         [describe relevant existing provision].

     4.  Since entry of the Judgment, the following
         material facts have changed:

         (a)  [Describe change #1, with date and
              supporting exhibit reference.]

         (b)  [Describe change #2, with date and
              supporting exhibit reference.]

         (c)  [Describe change #3, with date and
              supporting exhibit reference.]

     5.  These changes constitute a substantial change
         in circumstances that warrants modification of
         the existing order under Family Code section
         [3087 / 4326 / 3651].


III. RELIEF REQUESTED

     6.  Moving Party requests that the Court enter an
         Amended Order providing:

         (a)  [Custody / parenting time language.]

         (b)  [Child support language with new monthly
              amount, due date, and method of payment.]

         (c)  [Spousal support language with new
              monthly amount or termination date.]

     7.  The Proposed Amended Order is attached as
         Exhibit A. The Proposed Amended Parenting
         Plan, if applicable, is attached as Exhibit B.


IV.  CONCLUSION

    WHEREFORE, Moving Party respectfully requests that
the Court grant this motion, sign the Proposed Amended
Order, and order such further relief as the Court deems
just and proper.


Dated: ____________, 20____.


                     Respectfully submitted,



                     _______________________________________
                     [Attorney Name], Esq.
                     California State Bar No. ______________
                     [Firm Name]
                     [Firm Address]
                     [City, California ZIP]
                     Telephone: (___) ___-____
                     Email: __________________
                     Attorney for [Petitioner / Respondent]


================================================================
                  DECLARATION OF [DECLARANT]
================================================================

    I, [Declarant Full Legal Name], declare:

    1.  I am [the Petitioner / the Respondent in this
        action]. I have personal knowledge of the facts
        stated in this Declaration and, if called as a
        witness, could testify competently to them.

    2.  [Set out the substantial change facts in
        chronological order, with dates and the
        documentary support attached as exhibits.]

    3.  [Identify each material witness by name and
        address and state the substance of the expected
        testimony, if any.]

    4.  [State why the proposed modification serves the
        best interest of the child or the appropriate
        post-divorce support standard.]

    I declare under penalty of perjury under the laws of
the State of California that the foregoing is true and
correct.


    Executed on ____________, 20____, at [City], California.


                     _______________________________________
                     [Declarant Full Legal Name]


================================================================
                  CERTIFICATE OF SERVICE
================================================================

    I HEREBY CERTIFY that on this _____ day of
________________, 20____, I served the foregoing Notice
of Motion and Motion to Modify Judgment of Dissolution,
Memorandum of Points and Authorities, Declaration,
Proposed Amended Parenting Plan, and Proposed Order on
counsel of record by [TrueFiling e-service /
first-class mail with postage prepaid / personal
delivery]:

    [Opposing Counsel Name, Firm, Address, Email]


                     _______________________________________
                     [Attorney Name], Esq.
Radial flow diagram for modifying a parenting plan. A central hub labeled MODIFIED PARENTING PLAN is ringed by five radial nodes for meet and confer, file motion and proposed plan, serve the opposing parent, attend mediation or evaluation, and hearing or stipulated order. Each node displays its function and the procedural rule it tracks: local family law division for meet and confer, Family Code 3022 and 3087 for filing, CCP 1005 and FRCP 5 for service, Family Code 3170 for mediation.

Six steps from blank form to filed motion

Each step corresponds to a section of the on-page form. Caption errors and substantial-change documentation gaps are the two ways a post-judgment motion fails on the papers without ever reaching the merits of the requested modification.

  1. 1

    Copy the on-page form into your working document

    Paste the motion body below into a working document. The bracketed fields (caption, case number, judge, decree filing date, the substantial-change paragraph, witness identifications, requested modified order language) are the only sections that need editing. The grounds scaffold and the verification scaffold stay intact across cases in the same state track.

  2. 2

    Mirror the caption from the original divorce decree

    Caption, parties, case number, and original judge carry forward from the decree of dissolution. Most state systems route the post-judgment motion back to the original case number rather than opening a new matter. Local rules vary on whether the motion lands on the original judge's calendar or rotates through the post-judgment department.

  3. 3

    Plead the substantial change with record cites

    Substantial change in circumstances is the gate. Each fact gets a record cite. Income shift: attach paystubs, tax returns, employment letter, or termination notice. Relocation: attach lease or purchase contract, school enrollment confirmation, employer transfer letter. Health or safety: attach medical records, police reports, CPS findings, or therapist declarations. Generic averments about change without supporting documents draw a tentative ruling to deny.

  4. 4

    Run the meet-and-confer where it is required

    California local family law rules in most counties require a documented meet-and-confer attempt on parenting plan modifications before the motion is set for hearing. Texas does not require it pre-motion but the court will route the parties through mediation under Family Code section 153.0071 before trial. Document the meet-and-confer attempt in the supporting declaration. A failed attempt is not a procedural defect; an undocumented attempt is.

  5. 5

    Attach the proposed order or proposed parenting plan

    Always attach the proposed amended order. Where parenting time is at issue, attach a proposed parenting plan with weekly, holiday, and summer schedules laid out by week and month. Where support is at issue, attach the updated guideline worksheet and a proposed support order with new monthly amounts, payment dates, and method of payment. The judge signs what is in front of them.

  6. 6

    Have a family-law litigator finalize before filing

    Post-judgment fights are easier to lose than the original divorce. Send the draft through Legal Tank intake so a family-law litigator pressure-tests the substantial-change showing, the declaration, the proposed parenting plan, and the venue choice for your state's calendaring rules. The motion is then ready for your engaging counsel to sign and file.

Where post-judgment modification intersects other motion work

A motion to modify rarely travels alone. It often accompanies a contempt motion when the opposing party has failed to comply with the existing order, an enforcement motion when arrears need to be reduced to judgment, or a motion to vacate when the original decree was procured by fraud or mutual mistake. For the parallel filings, see attorney-drafted motion to enforce family court orders and judgment provisions and attorney-drafted motion to vacate judgment under Rule 60 and Family Code section 2122. The procedural how-to that frames the broader filing posture sits at drafting a motion in court from caption to certificate of service.

The dispositive companions that often share a docket entry with a post-judgment modification include inside a motion for reconsideration template and the sections courts expect to see, building a motion for summary judgment template that tracks Rule 56 requirements, and anatomy of a motion for default judgment template and how each section functions.

For the procedural umbrella that places post-judgment modification motions inside the family-law pretrial motion family, see lawyers asking what is a pretrial motion use these filings to shape the trial record, and the broader umbrella at defining what is a motion in court and how written requests move a case forward. For the pro-se track, pro se roadmap on how to file a motion in court without an attorney walks through the local-rules research the self-represented filer needs. The general procedural how-to is at steps for how to file a court motion from drafting through the hearing. For a drafting-pair service on amended pleadings, see drafting service for a motion to amend pleadings after discovery reveals new claims, and for the parallel dispositive template family, see building a motion to dismiss template that hits Rule 12(b)(6) on the face.

Have a Family-Law Litigator Finalize ItBack to the legal motions guide and the broader procedural family →
Frequently Asked

Motion to Modify Divorce Decree Form Questions

Can a divorce decree be renegotiated?
Yes, a final divorce decree can be modified after entry by motion to the same court that issued it. The moving party must show a substantial change in circumstances since the original order, with the specific statutory threshold varying by state: California Family Code section 3087 for custody and 4326 for spousal support, Texas Family Code section 156.101, Florida Statute section 61.13, and New York Domestic Relations Law sections 236 and 240. Equitable distribution of marital property is typically final and not modifiable absent fraud or mutual mistake, but child custody, child support, parenting time, and spousal support remain modifiable on the right factual showing. Legal Tank drafts the motion, the supporting declaration, and the proposed order keyed to your state's threshold. Send the docket and the change record through Legal Tank intake.
How do you file a motion to modify?
First identify the controlling statute for your state and the post-judgment relief sought (custody, support, parenting time, or alimony). Prepare the motion to modify, a supporting declaration that sets out the substantial change in circumstances under penalty of perjury, an updated financial statement where support is at issue, a proposed modified order or proposed parenting plan, and the local case management forms. File the package with the clerk in the court that issued the original decree, serve the opposing party under your state's civil procedure rule, attend any required mediation or evaluation, and present the motion at the noticed hearing. Legal Tank drafts the full post-judgment motion packet and your engaging family-law counsel files, serves, and argues it. Send the case caption and the requested modification through Legal Tank intake.
How to amend divorce paperwork?
Post-decree amendments fall into three buckets: a motion to modify (custody, support, parenting time, alimony), a motion to set aside or vacate (fraud, duress, mistake under Family Code section 2122 or the analogous state rule), and a stipulated modification (both parties sign a written agreement that becomes a court order). The amendment process involves filing the right vehicle, attaching evidence of the changed circumstances or the procedural defect, serving notice on the other party, attending a hearing, and lodging the proposed amended order with the court. Legal Tank drafts the correct vehicle for the relief you actually need, with the supporting record attached. Quote through Legal Tank intake.
What is a motion to modify a custody order in NC?
In North Carolina, a motion to modify a custody order under General Statutes section 50-13.7 asks the court that issued the original custody decree to change legal custody, physical custody, or parenting time on a showing of substantial change in circumstances that affects the welfare of the child. The moving party must prove the substantial change by a preponderance of the evidence, and the court then applies the best-interest-of-the-child standard to the requested modification. Common changed circumstances include parental relocation, work-schedule shifts, evidence of harm to the child, or the child reaching an age where prior arrangements no longer fit. Legal Tank drafts the NC-track post-judgment custody motion under section 50-13.7 with the supporting declaration. Send the case caption and the changed-circumstances record through Legal Tank intake.
What is the biggest mistake in a divorce?
On the post-judgment side the most expensive mistake is treating a permanent order as truly permanent and missing the modification window when circumstances actually change. Child support continues to accrue at the old guideline number until a motion to modify is filed and served, and arrears that built up under a now-stale order cannot be retroactively reduced. The second-biggest mistake is filing the motion to modify without documentary support for the substantial change in circumstances, which draws a tentative ruling to deny. The third is failing to include a proposed order or proposed parenting plan, which leaves the judge nothing to sign at the hearing. Legal Tank pressure-tests each of these before the motion goes out. Quote through Legal Tank intake.
What are good reasons to file a motion for a custody case?
The strongest grounds for a custody modification are documented changes that affect the best interest of the child: a parent's relocation, a substantial change in either parent's work schedule, the child reaching an age where the existing parenting time no longer fits school or activities, a documented decline in the other parent's stability (substance abuse, untreated mental health, criminal charges), evidence of physical or emotional harm to the child, or a long-standing de facto deviation from the original parenting plan that the court should formalize. Each ground carries a different evidentiary load, and the strongest motions plead the ground with documents, witness declarations, and where appropriate a custody evaluation report. Legal Tank drafts the motion keyed to the ground your record supports. Quote through Legal Tank intake.
Drafting Service

Have a Family-Law Litigator Finalize Your Motion to Modify Divorce Decree

Legal Tank drafts the post-judgment motion, the supporting declaration, the proposed amended parenting plan, the updated guideline worksheet where support is at issue, and the proposed order under Model Rule 5.3 supervision. Your engaging family-law counsel signs, files, serves, and argues the motion at the post-judgment hearing. The deliverable is a filing-ready packet keyed to your court, your case caption, and your substantial-change record. Send the decree, the change facts, and the requested modification through intake and a litigator pressure-tests the grounds, the declaration, and the proposed order before your engaging counsel files.

Request a Custom DraftBack to Legal Motions Guide

Legal Tank prepares attorney-grade post-judgment motion drafts under Model Rule 5.3 supervision. We do not appear at the post-judgment hearing or file with the court. Your engaged family-law counsel signs and files the motion and argues it at the hearing.