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MODIFICATION OF PARENTAL RIGHTS & RESPONSIBILITIES
AND CHILD SUPPORT
We can represent you in your quest to obtain a post-judgment modification of your parenting plan or child support, including modification of Primary Residential Responsibility and Parenting Time. Typically, there must be some change in circumstances to justify a post-judgment modification. If you have some change in circumstances since the original order was issued, and would like to have the order modified, then you want an attorney to represent you. Contact us today to discuss your case.
We have assisted clients who have been charged with contempt for disobeying the Court’s Order, such as child support or alimony. Often times, the alimony and child support enforcement (contempt charges) are a result of a change in circumstances, such as losing a job, having hours cut, or other circumstances which affect an individual’s ability to pay. In these situations, we can often help by seeking a post-judgment modification. However, in most cases, the individual is bound by the decree until the modification order is issued by the judge. Therefore, it is important that you address the issue as soon as possible.
Modification of Parental Rights and Responsibilities
A parent can ask the court to issue an order modifying parental rights and responsibilities if the parties under any of the following conditions, with the moving party having the burdon of proof;
- The parents agree to a modificaion
- The court finds that the residential parent is interfering with the non-residential parents' relationship, may order a modificaion in the best interest of the child(ren).
- If the child's present environment is detrimental to the child's physical, mental, or emotional healht
- If the current allocation of parental rights and responsibilites is not working, the court may order a change in the allocation in the best interests of the child.
- If a minor is of sufficient maturity to make a sound judgment.
If the current parenting plan in your case is no longer working, we can help you determine what options are available and the best way to modify the parenting plan in the best interest of your child(ren).
Modification of Child Support
An obligor (the parent paying support) or obligee (the parent receiving support) can seek a modification of a current child support order either (1) three years after the last order was entered or (2) upon showing of a substantial change of circumstances that have occurred since the current order was issued. Any child support modification cannot made retroactive prior to the date that the other party received "notice" of the petition to modify. If you are seeking to modify your child support obligation or award, we can help determine your options. In some instances, it may not be financially beneficial to seek a modification. Call us today and we can help you identify issues which may affect a modificaion in your case.
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