ORDER MODIFICATION

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

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

Support orders may be modified if a “substantial and continuing” change in circumstances exist.

The ability to modify a previous order is dependent upon which order you are petitioning the Court to change.  For certain modification requests you are only allowed to petition the Court once in a two year period.  Therefore, if your case is not properly presented to the Court and your motion is denied, you will 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 preserve your rights and increase your probability of successfully petitioning for a post-judgment order modification.  

Or team has extensive experience in each of the areas in which order modification is allowed 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 individual case.

What is considered substantial and continuing for child support ?

A modification that would result in at least a 10% change from the amount of the original order of the court.

Can I file for an increase in spousal maintenance (alimony) if my ex-spouse's income has risen significantly ?

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

What is considered substantial and continuing for spousal maintenance?

The modification of spousal maintenance is determined by factors specific to each case.

One of the parents is moving or has moved out of state?

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

One of my children has developed a special needs problem that was undiscovered prior to the original court order.  Can child support be modified to share the cost of this child's special need?

Special needs of children are calculated as part of the child support obligation and therefore, are a modifiable part of a previous order.  This is also required to meet the substantial and continuing standard.

I have a new job and my schedule has changed dramatically.  Can I modify the parenting plan order to facilitate this new schedule?

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.

Parental Plan Order Modification

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