Life after divorce often looks very different a few years down the road than it did on the day the judge signed your decree. Jobs change, kids grow and have new needs, people move, and sometimes problems that were minor during the divorce become impossible to ignore. Yet your divorce orders stay the same on paper, even when they no longer match real life.
Many people in Reno feel stuck at this point. They worry about being found in contempt if they cannot follow the current schedule or support order. Others have tried to work things out informally with an ex, only to realize that their side agreement is not enforceable when conflict flares up again. If that sounds familiar, you are exactly who this guide is for.
At Kelli Anne Viloria, we focus our practice on family law in Reno and across Northern Nevada, and we regularly help parents and former spouses go back to family court to modify custody, parenting time, and support. Nevada law does allow you to ask for changes, but courts look for specific legal standards and expect certain procedures to be followed. In the sections that follow, we walk through how modifying divorce decrees in Reno really works, what counts as a strong reason to modify, and how to plan your next steps.
When Reno Courts Allow You To Modify A Divorce Decree
A common belief is that a divorce decree is permanent. In Nevada, that is only partly true. The parts of a decree that divide property are usually final. However, orders that involve children, such as custody, parenting time, and child support, and in some cases alimony, can be revisited when circumstances change in a meaningful way. Family courts in Reno recognize that life evolves after divorce and that some orders must evolve, too.
For most post-decree changes, Nevada law requires a substantial change in circumstances. In plain terms, that means something important has shifted since the judge entered your original orders, and that shift has real consequences for your child or your finances. For child custody and parenting time, the court also has to decide what is in the best interest of the child, which always sits at the center of any custody decision.
In practice, a substantial change might be a parent losing a job, taking a new job with very different hours, a child developing new medical or educational needs, or one parent moving far enough away that the current schedule is no longer realistic. Ongoing refusal to follow the existing orders can also lay the groundwork for modification. As a Reno-based family law firm, we spend a lot of time reviewing clients’ existing decrees and their new circumstances to see where those legal standards are likely to be met and where the court might say that a concern is frustrating but not enough to change orders.
It is just as important to understand what is not usually modifiable. The court generally will not change how your property was divided, and it will not redo custody simply because one parent regrets agreeing to a schedule or feels differently now about what they signed. That is why a careful, honest review of your decree is the first step in deciding whether a modification request makes sense in Reno.
Take control of your Reno divorce decree today—schedule your confidential consultation online or call us at (775) 476-5642 to understand your options and protect your family’s future.
Common Life Changes That Can Justify Modification In Reno
Substantial change in circumstances sounds abstract until you put it next to real-life examples. When we talk with Reno and Northern Nevada clients, certain patterns come up again and again. Courts see these same patterns and have developed a sense of which changes typically warrant a closer look at the existing orders.
On the child custody and parenting time side, some of the more common changes include a parent relocating, sometimes for work or to be closer to extended family. A move within the same part of town might not be significant, but a move across Reno that would turn every exchange into a long commute can be, especially if it disrupts school or activities. Other changes involve a child starting a new school, joining intensive extracurriculars, or developing medical or special needs that make the old schedule impractical or unhealthy.
Courts also pay attention when one parent repeatedly fails to follow the parenting plan. For example, a parent who regularly misses their weekends, is late to exchanges, or refuses to return a child on time can create instability that hurts the child. Over time, detailed records of these patterns can support a request to adjust the schedule so that it better reflects who is actually showing up.
Financial changes are another major driver of modification. A sudden layoff, a long-term reduction in hours, a serious health issue that limits a parent’s ability to work, or a significant raise can all affect child support or, depending on how the original order was written, alimony. If someone’s income drops from full-time to part-time for several months, or if they become disabled and cannot return to the same work, courts are more open to adjusting support than they are when a parent simply picks up fewer overtime shifts for a short period.
Some situations feel big emotionally, but often do not meet the legal test on their own. A parent’s new romantic partner, a few isolated disagreements about homework or discipline, or minor scheduling annoyances might not be enough for a judge to rewrite the parenting plan. Because we work regularly with families throughout Northern Nevada, we can usually tell clients which of their concerns are likely to move the needle in court and which are better addressed through communication or counseling rather than a modification motion.
How The Post-Decree Modification Process Works In Reno
Once you have a sense that your situation may qualify for modification, the next question is what actually happens if you decide to move forward. Post-decree matters typically return to the same family court that handled your divorce, often the Second Judicial District Court in Washoe County for Reno-area cases. The process is not as long as a full divorce in many situations, but it still follows a structured path.
The first step is preparation. This involves a careful review of your existing decree, identifying which sections you want to change, and gathering the evidence that shows how your circumstances have shifted. We work with clients to map out what changed, when it changed, and how those changes affect the child or the finances. Getting this story straight on paper before anything is filed can make a significant difference later.
Next comes filing a motion to modify with the court. This document explains what orders you want the court to change, why you believe there has been a substantial change in circumstances, and why your proposed change better serves the child’s best interests or more fairly reflects the financial reality. Once the motion is filed, it must be properly served on the other party, so they have formal notice and a chance to respond.
After service, the other party typically files a written response, either opposing your request or possibly agreeing to some or all of it. Courts in Reno often encourage or require some form of negotiation or mediation, especially when children are involved. Some cases are resolved at this stage, with the parties reaching a new agreement that can be turned into a stipulated order for the judge to sign.
If there is no agreement, the court generally sets a hearing. This may be a shorter hearing focused on temporary adjustments, or a longer evidentiary hearing where both sides present testimony and documents. Judges listen to both parties, consider the evidence, and then issue a written decision changing, or not changing, the existing orders. Depending on the court’s calendar and the complexity of the case, this whole process can take several weeks or a number of months. Our role is to guide clients through each step, prepare a clear and complete motion, and present their evidence in a way that helps the judge understand what has really changed.
Evidence You Need To Prove A Substantial Change In Circumstances
Courts do not grant modification requests based on feelings alone. Judges in Reno family court rely on concrete evidence to decide whether a substantial change has occurred and whether a new order would be better for the child or more fair financially. The stronger and more organized your evidence, the easier it is for the court to see your situation clearly.
For financial changes, useful documentation often includes recent pay stubs, tax returns, unemployment records, benefit statements, and medical bills. If your income has dropped, the court will want to see how much it changed, when it changed, and whether it is likely to stay at the new level. If you are seeking more support because of a child’s medical or educational needs, invoices, insurance explanations of benefits, and statements from providers can show the new financial burden.
In custody and parenting time cases, records that show patterns over time are especially valuable. School attendance and grade reports can demonstrate how a child is doing under the current schedule. Medical records may show missed appointments or ongoing treatment needs. A detailed calendar showing which parent had the child on which days, when exchanges ran late, or when a visit was cancelled can help the court understand how the existing plan works in practice.
Text messages, emails, and other written communications between parents are another common piece of evidence. These can highlight cooperation or lack of cooperation, last-minute cancellations, or communication that affects the child. Witness statements or testimony from relatives, caregivers, or others who see the child regularly may also play a role in some cases.
We work with clients to sort through all of this information and present it in a way that is easy for a Reno judge to absorb. Instead of dropping a stack of unsorted papers on the court, we help create timelines, summaries, and organized exhibits that tie each piece of evidence back to the key legal questions in a clear way.
Risks Of Informal Agreements And Ignoring Your Current Decree
Many parents in Northern Nevada do their best to cooperate after divorce and make informal changes to their parenting schedule or support arrangements. While flexibility can be healthy, relying only on side agreements can create serious legal problems. That is because the original decree stays fully enforceable until a judge signs new orders, no matter what you and your ex discuss by phone or text.
For example, if you and your former spouse agree that you will pay less child support for a few months after a job loss but never file anything with the court, the official record still shows the original amount. If things sour later, the other parent can ask the court to enforce that original figure and seek arrears for the months you paid less. The judge may not give weight to the informal agreement, and you could find yourself owing a significant lump sum.
The same is true for parenting time. If one parent decides to withhold the child or change the schedule unilaterally because they believe circumstances have changed, they risk being found in contempt of court. Contempt can carry serious consequences, including fines, make-up time for the other parent, and, in some cases, jail time. Judges in the Reno family court expect parents to follow existing orders until those orders are properly modified.
A safer path is to document any tentative agreement in writing and then move quickly to turn that agreement into a stipulated modification filed with the court. When both parties agree, updating the order this way is often more straightforward than a contested motion. We understand how tempting it is to try to work it out without formal paperwork, especially when everyone is busy, and the court feels intimidating. Our role is to help clients protect themselves by taking that extra step to make their new arrangements enforceable, instead of hoping an informal deal will hold up if conflict returns.
How Nevada Treats Child Custody, Support, And Property Differently
Not every aspect of a divorce decree is treated equally under Nevada law. Understanding these differences can save you time, money, and frustration. When we review decrees for Reno clients, we often begin by categorizing issues into three broad categories, each of which follows different rules regarding modification.
Child custody and parenting time are always modifiable because the court has an ongoing duty to act in the best interest of the child. As children grow and life changes, the court expects that, sometimes, parenting plans will need to be revisited. The key questions are whether there has been a substantial change in circumstances and whether the proposed new plan better serves the child’s needs for stability, safety, and a healthy relationship with each parent.
Child support is tied to Nevada’s support guidelines, which take into account each parent's income and the custody arrangement. Support amounts can often be adjusted when there is a meaningful change in income, the custody schedule shifts, or the child’s needs significantly increase. Alimony is more complicated. Some alimony orders are written to be modifiable, while others are not, depending on the language used in the original decree.
Property division sits in a very different category. Once the court has divided your assets and debts and the time to appeal has passed, those decisions are usually final. Except in rare cases, such as proven fraud or undisclosed assets, the court will not reopen property issues years later just because someone’s financial situation has changed. That is why, when clients ask if they can change their property split, we are candid about the limited options available.
Part of our work at Kelli Anne Viloria is giving clients a realistic picture of what can be changed and what probably cannot, before they invest energy in a modification request. That kind of candid advice helps families in Reno and across Northern Nevada focus on the parts of their decree where the law actually allows movement.
Practical Tips For Preparing Your Reno Modification Case
Even before you decide whether to file a motion, there are concrete steps you can take to put yourself in a stronger position. Thoughtful preparation helps clarify whether your situation meets Nevada’s standards and makes your case easier to present if you do move forward in the Reno family court.
One useful habit is keeping a detailed calendar that shows parenting time, including any missed visits, late exchanges, or extra time you and the other parent agree on. Over several months, these notes can paint a clear picture of how the current schedule works in real life. Save relevant messages, such as texts or emails about schedule changes, no-shows, or issues that affect your child’s well-being.
On the financial side, gather recent pay stubs, tax returns, and any documents reflecting changes in your income or expenses. If your child has new medical or educational needs, create a folder for bills, treatment summaries, and school communications. Courts tend to respond better to a clear set of records than to vague statements that things have gotten more expensive or that you are making less now.
Another helpful step is to write a short timeline of what has changed since your decree was entered. Note key dates, such as when a job changed, when a move occurred, or when a pattern of missed parenting time began. Focus on facts and impacts rather than venting. Judges in Reno often see your written filings before they ever meet you in person, so staying child-focused and calm in your written materials and communications can make a difference.
When clients bring us calendars, messages, and timelines like these, we can usually move faster and more efficiently. We take that raw information and organize it into a clear narrative that aligns with Nevada’s legal standards, which saves time and helps keep costs manageable while we advocate firmly for your interests.
When To Talk With A Reno Family Law Attorney About Modification
Some people wait until a situation has become a full-blown crisis before getting legal advice. By that point, missed support payments may have piled up, or serious conflicts over the children may have already damaged trust. In many cases, talking with a Reno family law attorney earlier leads to better options and fewer mistakes.
Warning signs that it is time to get advice include repeated violations of the existing decree, such as consistent missed parenting time or changes in residence without notice, a planned move that will affect the current schedule, a major and lasting change in income, or new safety concerns in either parent’s home. If you feel pressure to stop following the order just to get through the week, that is also a signal that legal guidance would be wise.
Early legal input can help you avoid self-help measures that could hurt you later, such as unilaterally withholding the child, moving without permission or agreement, or changing support payments on your own. At Kelli Anne Viloria, many of our post-decree clients are people we first represented in their divorce, who return years later when life has changed. Others find us when they realize they need someone in their corner who understands Reno and Northern Nevada family courts.
Every family’s situation is different, and the decision to file a modification motion depends on many details. A conversation with a lawyer who focuses on family law can give you a clear sense of your options, potential risks, and the likely path forward in court. We are committed to providing that guidance with confidence, compassion, and conviction, while keeping an eye on cost-effective strategies that fit your goals.
Find Out Where You Stand On Modifying Your Reno Divorce Decree
Post-divorce life rarely stays the same for long, and Nevada law recognizes that some orders need to change as families grow and circumstances shift. The key is understanding which parts of your decree can be modified, what kind of change is substantial enough for a Reno judge to take action, and how to present your situation with solid evidence instead of guesswork or emotion.
You do not have to navigate that process alone or rely on informal agreements that may not hold up when it matters most. A focused review of your decree and your current reality can reveal whether a modification request makes sense now and how to approach it strategically in Northern Nevada courts.
Schedule your consultation online or call us at (775) 476-5642 today to explore how modifying your Reno divorce decree can protect your rights and serve your family’s future.