MODIFYING CUSTODY OR CHILD SUPPORT

If you already have a court order in place and the order has become unworkable or you no longer believe that the order is in your children’s best interest, you may be able to modify your current order. The burden of proof the court will require is that you show a material and substantial change in circumstances has occurred since the entry of your prior order. Examples may be when a parent moves, remarries, develops drug, alcohol or mental health issues or new issues arise with your children. If you have concerns about the other parent and the safety of your child in their care, it is imperative that you take action immediately. If you wait too long, the court can view your lack of action as lack of concern.

A party can modify a previous Child Support Order if there has been a material and substantial change in circumstances (such as one parent losing their job) or it has been 3 years since the last child support order and the amount that would be ordered differs by either 20% or $100 dollars. If there has been a change in circumstance where you are no longer able to make your monthly child support payment, it is important to file a Modification immediately because the court can only retroactively reduce your child support obligation back to the day you filed the modification lawsuit - not the date the change in circumstances occurred.