ORDER MODIFICATION

Certain orders of the Courtwhich may be subject to post-judgment modification include:

  • Child Support
  • Spousal Maintenance
  • Parental Decision Making
  • Child Custody

Supportordersmay be modified if a”substantial and continuing” change in circumstances exist.

The ability to modify a previous orderis dependent uponwhichorder you are petitioning the Courtto change. For certain modification requests youare only allowed to petitionthe Court oncein a two year period. Therefore, if your case is not properly presented to the Court and your motion is denied, youwill lose your ability to affect a change for this two year period. We highly recommend this process be handled by an attorney experienced in order modification to preserveyour rights and increase your probability of successfully petitioningfor a post-judgment order modification.

Or team has extensiveexperience ineach of the areas in which order modification isallowed by the courts.We will help you understand the requirements necessary to file a modification petition as well as counsel you on the best course of action to achieve the desired results.

My ex-spouse's income has increased substantially. Can I file a motion for an increase in child support?

If the increase in income meets the substantial and continuing standard a motion to modify can be filed. The court’s consideration and subsequent order will depend on many factors specific to your individualcase.

A modificationthat would result in at leasta10% changefrom the amount of the original order of the court.

Yes, if the increase meets the substantial and continuing standard, the Court will consider many factors specificto each case.

The modification of spousal maintenanceis determined by factors specificto each case.

Depending on the original parenting plan order, a move out of statemay be a reason tomodify aparenting plan. NOTE: It isnormally easier, both legally and logistically, to modify a parenting plan prior to any out of state move by one of the parties.

Special needs of children are calculated aspart of the child supportobligation and therefore, are amodifiable part of a previous order. This is also required to meet the substantial and continuing standard.

Parenting plans, including visitation, are potentially modifiable. The court will consider the best interest of the child when making this decision. If you can work with the other parent to agree on a new parenting plan schedule, a modification is significantly easier to achieve.
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Parental Plan Order Modification

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