Nothing in life ever stays the same forever. Your job, income, and living situation are all subject to change over the years. So what happens if these changes affect your ability to comply with a parenting plan or with court-ordered child support or alimony? That is where modifications come in to play.
Post-judgment modifications may be granted by the court to individuals who can prove they have experienced a “significant change in circumstance.” In the case of child support or spousal support, these changes can include:
For instance, if you are paying spousal support and you lose your job, you may be able to have your court order modified so that you pay less support – or none at all – until you are able to find a new job. On the other hand, if you are paying support and the other parent’s income significantly increases, then you may be able to request a modification that allows you to pay less support since the other spouse is more capable of supporting the child/children.
As a parent who receives child support or alimony, you may also be able to request support modifications. You could request a higher amount of support if the paying parent’s income significantly increases, allowing them to afford additional child support or spousal support.
Parenting plans (custody and visitation) can be modified if, as mentioned before, a parent can prove that he or she has experienced a “change in circumstance.” Most modifications of parenting plans are amicable and are worked out between the two parents through mediation. The new agreement is then presented to a judge to be signed. Contested cases, on the other hand, may require courtroom litigation.
Parenting plan modifications can be made due to the following changes in circumstance:
Keep in mind that all court-ordered custody or visitation modifications are decided by a family law judge and are based on the “best interests of the child.” You will need to prove that the change will improve the child’s circumstances and well-being.
Gill Law Group, PC is a client-oriented family law firm dedicated to providing personalized and quality service. We take the time to listen to you and will create a unique strategy to meet the individual needs of your case. Let us help you get the modification that you need for a child custody, child support, or spousal support order.