Modifications

If one spouse or parent experiences an increase (or decrease) in income, these changed circumstances may prompt a new support calculation in order to ensure each payer continues to pay a fair share of their financial obligation.

• Spousal Support Modification: Spousal support modification is sometimes appropriate if the purposes of the original support award are thwarted by later events. Consult an attorney to discuss whether your situation meets the threshold requirement of a substantial unforeseen change of circumstances, considering the specific findings and provisions of the original award.
• Child Support Modification: As family needs and children grow, so do child support arrangements. The more common reasons for a child support modification are changes in income and changes in the expenses for the children. When the income of either party changes significantly, support modification may become appropriate. Child support laws and rules are based on the premise that children are entitled to financial support from both parents, from each parent according to his or her circumstances. Whether you are the parent paying child support, or the parent managing the needs of the children, a child support obligation is another opportunity to help provide for your family.

When it is time to take action, we can file your motion to modify child support with the court and work to ensure that your children will receive the support at the appropriate amount.

To modify child support, we first need to assess the financial situation. If it appears appropriate, we can prepare to file to Modify Child Support even before we have full access to the other parent’s financial information. As with most legal issues, it may be productive to seek agreement to your proposed changes. Negotiation and mediation are available as means to resolve any dispute. Ultimately you will need the judge to sign a new court order, but you and the other parent may be able to decide what that order will say, within the limits of what the law allows. It is vital to involve a lawyer in this process to ensure your rights are properly respected, as both the payer or payee of child support.

Changes to child custody and parenting plan provisions may become necessary for many reasons, including changes in a parent’s ability to provide a safe and nurturing environment, the need for a parent to relocate, changes to a parent’s health, changes in the relationship between each parent and a child, or the stated preference of an older child.

Regardless of the reason for custody modification, it is important to work with an attorney experienced with family law in the state where the child resides. Our family law attorneys are highly experienced in handling child custody modifications both in court and mediation.

When one or both parties call for a modification in the parenting plan, it is time to contact an attorney. A change in work schedule or even an interstate move may require changes in the parenting plan. An attorney can work to ensure the resulting legal arrangements are fully in order so everyone is protected, especially the children.