Modification of Court Orders
Court orders can be in effect for years, but circumstances change. It is not uncommon for parents or former spouses to seek a modification of court orders.
While the court rarely has jurisdiction to modify orders related to property, the court usually maintains jurisdiction to modify child support, parenting time, decision-making, spousal maintenance (alimony), and other issues concerning children. While modifications are possible, the party seeking the modification must generally demonstrate an ongoing change in circumstances to warrant the requested modification.
CHILD SUPPORT
The most common reasons to modify child support include a change in one or both parties’ income, a change in insurance and/or daycare costs, a change in the parenting time schedule, a change in or termination of spousal maintenance, or a child emancipates. In order to qualify for a modification, the new child support obligation must result in at least a 10% change from the current child support order. If a modification is warranted, the court will calculate child support after considering the statutory factors. Except for child support modifications based on a change in the parenting time schedule that was agreed upon by the parties, all other child support modifications will only be retroactive to the date a motion to modify child support was filed regardless of when the change in circumstances occurred. If a child support modification is in your favor, you must act quickly to protect your rights.
PARENTING TIME AND DECISION-MAKING AUTHORITY
Absent emergency circumstances, it is best to consult with an experienced attorney well in advance of filing a motion to modify parenting time, decision-making, or other provisions in your parenting orders. It is not unusual for parents to unknowingly sabotage their own case by engaging in behaviors frowned upon by the court. With our guidance, you can prepare to present your best case in court, whether you are pursuing the modification or seek to maintain the status quo. Once you are ready to proceed, we will discuss your best strategies, prepare you for hearing, and advocate for you. In extraordinary circumstances, an emergency motion to restrict a party’s parenting time may be necessary. In order to seek an emergency motion to restrict a party’s parenting time, the moving party must establish that the child is in imminent physical or emotional danger by exercising parenting time or having contact with the parent against whom the restriction is sought. If you believe your child is endangered by contact with his or her other parent, contact us immediately. Your child’s safety is our top priority. We will discuss the circumstances of your case and determine the best strategy to address your concerns.
SPOUSAL SUPPORT
Spousal maintenance, also known as alimony, is modifiable unless the parties expressly agreed otherwise when maintenance was originally ordered. Modifying maintenance is not easy. Spousal maintenance can only be modified upon the moving party establishing that one or both parties’ circumstances have changed so substantially as to make the current order unfair and that the change in circumstances will continue. We have substantial experience representing both parties pursuing and objecting to a modification of spousal support.
