Modification of custody and support measures: when is it possible

The modification of the measures agreed upon in a family process (custody, visitation regime, child support, contribution to extraordinary expenses, use of the family home, etc.) is a common avenue when the circumstances of the parties or the minor change. In all decisions, the best interest of the child prevails, and it is necessary to demonstrate that there is a substantial, unforeseen change that was not predictable at the time the previous resolution was issued.

Basic principles governing modification

Substantial change of circumstances

For a judge to agree to modify measures, there must be a relevant change in the circumstances that justified the original measure: significant variation in income, relocation of one of the parents, deterioration or improvement in the health of the minor or the parents, serious breaches of the visitation regime, among others.

Best interest of the child

The priority criterion is always the well-being of the child: stability, educational and emotional continuity, physical and emotional health. A change that improves or protects these elements may justify the modification.

Principle of preserving what has been decided

The courts apply modification cautiously to ensure legal certainty. Mere disagreement with the previous measure is not sufficient; new and relevant facts must be proven.

When modification of child support is appropriate

Most common causes

Reduction or loss of income of the obligated party (unemployment, temporary layoff, salary reduction).
Increased needs of the beneficiary (pregnancy, illness, change of educational institution, special needs of the minor).
Variations in the number of beneficiaries of the support (birth of new children dependent on the obligated party).
Agreement between the parties that is homologated judicially.

Evidence and assessment

It is essential to provide documentation: payslips, contracts, certificates of benefits (unemployment, disability), tax returns, invoices and expense estimates, medical or school reports justifying an increase in needs.

Effects and retroactivity

The court may set the new amount with effects from the date of the claim or from another date it deems fair. There is no automatic rule; retroactivity will depend on the assessment of the good or bad faith of the parties and the judicial reasoning.

When modification of custody and visitation regime is appropriate

Common causes

Risk or harm to the minor (poor organisation of care, negligence, behaviours that seriously affect the minor).
Relocation of one of the parents to another location that prevents reasonable compliance with the visitation schedule.
Subsequent incompatibility between work schedules and care of the minor.
Age and opinion of the minor (when sufficiently mature, the court may take their preference into account).
Repeated and unjustified breaches of the visitation regime.

Judicial Assessment

The judge assesses evidence such as reports from social services, schools, psychological expert assessments, witness testimonies, and proven behaviours of the parents. The modification of custody involves a rigorous examination, as it directly affects the stability of the minor.

Procedure: Steps to Follow

1. Attempt Agreement and Mediation

Whenever possible, it is advisable to agree on modifications and have them homologated judicially: it is quicker, less costly, and preserves the parental relationship.

2. Application for Modification of Measures

If there is no agreement, the application must be submitted to the competent court (usually the one that issued the resolution or the one in the minor's domicile). The application must outline the facts, evidence, and specific request.

3. Provisional Measures

In urgent cases (risk to the minor, serious non-payment of alimony, imminent relocation), provisional measures may be requested that last until the final resolution.

4. Instruction, Evidence, and Hearing

The proposed evidence will be presented and, depending on the outcome, a hearing or judicial office will be held to decide. The duration of the procedure varies according to the court's workload and the complexity of the matter.

5. Judgment and Appeals

The judgment may confirm, modify, or revoke the measures and, if applicable, determine costs and economic effects. Appeals provided for by law may be filed against it if appropriate.

Frequently Asked Questions (Brief)

Can the alimony be reduced because I lost my job?

Yes, a reduction can be requested by providing proof of the loss of income; the judge will assess whether the change is significant and made in good faith.

My child wants to live with the other parent; does their opinion carry weight?

If the minor has sufficient maturity, their preference will be taken into account, but it is not decisive: the judge will weigh it alongside the general interest of the minor.

How long does a modification process take?

It depends on the complexity and the court: it can last from a few months to over a year. Provisional measures can shorten the response time in urgent situations.

Practical advice for those needing to request a modification

Gather and organise all relevant documentation before initiating the procedure.
Consider the route of agreement or mediation to avoid contentious proceedings.
Act quickly when there is a risk to the minor or persistent non-payment.
Do not use the modification as retaliation; the courts distinguish bad faith.
Consult with lawyers specialised in family law to prepare the evidentiary and procedural strategy.

How GVC Abogados (Murcia) can help

GVC Abogados (García Valcárcel & Cáceres), located at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia, has experience in family law and in managing modification procedures. Our team advises on the feasibility of the change, prepares the necessary documentation and evidence, requests provisional measures when appropriate, and defends the interests of the minor and the represented party at all stages of the procedure.

If you are looking for family law lawyers or lawyers in Murcia with experience for a modification of custody or alimony, contact GVC Abogados for a personalised assessment and an action plan tailored to your situation.