Child support, Alimony, custody, and parenting plans can be modified if there has been a material change of circumstances from the date of your divorce to the date you are seeking modification.

Custody

Often times, the parenting plan that was established during the divorce may no longer be effective because the children have grown older. One parent may now have a serious safety concern and doubt the ability of the other parent to care for the children. Not all modifications need to be litigated if the parents agree; a joint agreement for modification can be drafted and filed with the court. However, if one parent is contesting the change, a complaint for modification must be filed with the court. Temporary orders can be obtained but only after the initial complaint is filed.

Child Support

Child support can be modified if one parent’s income has significantly changed from the date of the order, such as a loss of job, a new job with lower pay, or conversely, a parent now has increased income. If there has been a change in custody, child support may also be modifiable.

Alimony

Alimony can be modified if there has been a material change of circumstances from the date of the order to the present. Material changes would be a change in one spouse’s financial situation, remarriage of the recipient spouse, or cohabitation of the recipient spouse. If an alimony award was ordered prior to 2012, there may be a modification based on the grounds the durational limits have changed by the alimony reform act.

Determining whether a material change has occurred can be tricky. Contact Fleischer Law Solutions for a consultation for assistance with your modification concerns.