Modifications

A parent or spouse can petition the court for a modification of Child Support, Visitation, Custody, alimony, or temporary support. The standard to be applied varies depending on what it is that you are looking to modify. In all cases, the party requesting a modification must show a substantial change in circumstances and that the modification is in the best interest of the child(ren). However, what constitutes a substantial change differs from case to case.

Child Support: If you are looking to modify child support the difference between the existing monthly obligation and the amount provided for under the guidelines must be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.

Visitation: A modification in visitation places the burden on the petitioner to show that there has been a substantial and material change in circumstances since the entry of the original order. The petitioning party must also show that the best interest of the child would be promoted by the change. Additionally, the child’s best interest analysis must be within the context of what is best for the child’s family unit, that is the child and the custodial parent.

Modifications can sometimes be difficult to obtain, as when you are attempting to relocate and remove the child from the court’s jurisdiction. No matter what you are looking to modify, our attorneys can help you determine the best way to proceed an give you sound legal advice as to whether or not the modification sought is realistic based on the current laws.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.