Changing Your Custody or Divorce Judgment in Oregon
What was right for you and your child when you finalized your divorce or custody case may change. This is normal and happens to many people.
The good news is that you can change some parts of your custody or divorce judgment in Oregon. Keep reading to learn more about changing your court papers.
Tip: A judgment is a court document that ends a court case. It contains a set of rules (orders) that the people involved in the case must follow. If you don't have a copy of your judgment, you can contact the court that handled your case for a copy.
What parts of my custody or divorce judgment can I change?
You can ask the court to change:
- Custody
- Parenting time (visitation)
- The parenting plan
- Child support
- Spousal support (if your original order included it, and it hasn’t ended)
In divorce cases, there are some things you can’t change after your divorce is final:
- You can't ask for spousal support if you didn't ask for it in your initial divorce.
- You usually can't change decisions about how property and debts should be divided. There are some exceptions, but you should talk to a lawyer to see if they apply to your situation.
How do I change my custody or divorce judgment?
Changing your court judgment is similar to going through a divorce, separation, or custody case. You'll need to complete many of the same steps, including:
- Completing court forms
- Filing your forms and paying a filing fee
- Serving the other side and waiting to see if they respond
If the other person disagrees with your changes, you may need to go to court so a judge can resolve your disagreements.
You can find court forms to start this process on the Oregon Judicial Department website or at your local circuit court. File your forms in the same Oregon county where you finished your case. Use the same case number.
Do we have to go back to court if we agree to make changes?
It's a good idea to make your changes official by going back to court. If you both agree on the changes, both sides can fill out and sign an Oregon court form called Supplemental Judgment Modifying a Domestic Relations Judgment and submit it to the court. A judge will sign it and make that your new official court order.
If you don’t get your court papers changed, and one person stops following your new agreement, you can’t ask the court to help you make the other parent stick to the changes.
When will a judge change custody?
Judges will only consider changing sole custody if there has been a dramatic, unexpected change in your lives. The judge will then decide if changing custody is in the child’s best interest.
If you have joint custody, either parent can decide at any time that it is no longer working, and the court must decide which parent should have sole custody.
What can I do if my parenting plan isn’t working?
You can change your parenting plan. If you and the other parent disagree on the changes, a judge will decide for you based on what they think is best for your children.
Can I change the amount of child support I am paying or getting?
If your work or finances significantly change, you or the other parent can request that the amount of child support be changed.
To ask for support to be recalculated, there must be a “substantial change” like:
- A parent becomes disabled and can’t work
- A parent gets a much higher-paying job
- The parenting schedule has changed a lot
If your child support order is paid through the Oregon Child Support Program (CSP), you can ask the CSP to help you change child support. But they will only help you change child support if:
- There has been a substantial change
- It’s been more than three years since the child support order was put into place
If your child support is not paid through the Child Support Program, or they will not consider a change, either parent can ask the court to change the support amount.
You can find more information on child support, including how to change child support, here.
Can I change the amount of spousal support I am paying or getting?
If you or your former spouse has a major unexpected change in your situation, the court may change the amount of spousal support. Changes to spousal support are specific to each case. The court will look at why support was initially ordered. It is a good idea to speak with an attorney.
More Frequently Asked Questions
If you want to move, talk to the other parent immediately to see if you can agree on a new plan.
- If they disagree:
- You must notify the other parent in writing that you intend to move. Fill out this form, send a copy to the other parent, and file a copy at the court.
- You will also need to start a modification case to ask the court to change your parenting plan so that you can move. You should not move—even if you give notice—if you cannot continue following your parenting plan.
- If the other parent does agree:
- You still need to change your parenting plan through the court. The other parent could change their mind and back out of the agreement if it isn’t finalized through the court.
Warning: Oregon law says that a child's time with each parent is very important. Judges are hesitant to allow a child to move far away from a parent involved in their child’s life. If you want to move because of a new job, to be closer to family, or any other reason, starting this process as soon as you think you need to move is important.
The other parent must follow your current parenting plan until you can both agree to change it, or a judge changes it.
If the other parent wants to change your parenting plan so they can move, it is their responsibility to ask the court to change the plan.
If the other parent moves anyway and stops following your plan, you have options. Go here for more information on what to do when a parent doesn’t follow court orders.
It’s also a good idea to get legal help in this situation.
The court charges a $167 filing fee. If your income and resources are very low, you can ask the court to let you:
- File for free (called fee waiver)
- Pay later (called fee deferral)
To ask for a fee waiver or deferral, you must fill out a form. You can get this form online here or at your local circuit court.
Warning! If the court gives you a fee deferral, the fees must be fully paid by you or the other person when your case ends. If the fees are not paid at the end of the case, the court may charge extra fees or send the balance to collections. If you can’t afford to pay at the end of the case, talk to your local court about setting up a payment plan.
The other person can either:
- Do nothing
- Disagree with you and fight the case.
If the other person wants to fight the changes, they must file papers with the court within 30 days from the date they are served the court papers.
If they do nothing after 30 days, you can ask the court to approve your changes without the other parent’s involvement. This is called getting a default judgment. The forms to ask for that are found on Oregon’s state court website.
If the other person disagrees and files papers, the court will contact you with the next steps. The process varies by county. In some counties, the court will schedule a court date as soon as the other side files papers with the court. Check with your local court to find out more.