Modifications

Child Support or Alimony Modifications

A Modification is appropriate when a Final Judgment has already been entered in a case and following the entry of the Final Judgment, the parties experience an unanticipated, substantial change in circumstance(s) that is permanent in nature.

The substantial change in circumstance, if legitimate, will justify moving forward with a modification proceeding. This is why it is important that an individual first discuss their case with an attorney in order to better determine whether the circumstances constitute a substantial change that would justify a modification.

Some circumstances that can lead to a modification of the original agreement include:

– Involuntary loss of job
– Change in income whether an increase or decrease. (Whether a decrease in income is voluntary or involuntary will be relevant in a modification)
– Change in time sharing schedule
– Relocation
– Remarriage or the existence of a supportive relationship
– Medical issues
– The best interest of the child

Modifications are not considered legitimate unless they are approved by the court. As your attorney, we will be able to assess the changes in your life, or your spouse’s to determine whether a modification is a viable and appropriate option.

Overall, the circumstances that lead an individual to seek a modification tend to be different on a case by case basis. However, the standard that must be met is always the same: a substantial change in circumstance that is unanticipated, and permanent in nature.

Alimony

Modifications can occur in relation to an alimony obligation. Whether an alimony obligation can be modified will initially depend on what type of alimony was awarded in the Final Judgment and whether said alimony is modifiable or non-modifiable. It is different in every case. Prior to filing anything in Court, It is helpful to first discuss with an attorney while providing the relevant details and terms of the alimony award which should be present within the Marital Settlement Agreement and/or Final Judgment of Divorce.

Children's Issues

Modifications can also occur in relation to parental and children’s issues. For example, matters involving timesharing schedules and parenting plans can be modified if there has been a substantial change in circumstance that is unanticipated and permanent in nature or if said modification would be in the minor child’s best interest.

A change in a timesharing schedule, if significant enough and if it results in one parent having substantially less or more time with the minor children than what was previously being exercised, will justify a modification in the amount of monthly child support. Additionally, an involuntary change in income by either parent, whether that change constitutes and increase or decrease in income, can also justify a modification of child support.

Recent Modification Articles

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