custody and support modifications

If you have already been to court in a divorce, paternity, custody, or support case, you already understand how complicated it can be to reach an agreement or get to court and have the judge decide. Then, things change! Kids grow up, people remarry, and jobs change. What can you do when your order no longer is working for you and your kids? It’s time to modify.

Some issues decided by a prior order can be modified, which include:

  1. Child support

  2. Child custody

  3. The terms of a Parenting Plan

  4. Maintenance or alimony payments (if characterized as “modifiable maintenance”)

In a modification case, you will generally need to show that there has been a change in circumstance since the last order was entered. It’s important to explain all changes clearly to your paternity lawyer. A modification case proceeds similar to the initial case. The non-filing party needs to be served. Both parties may need to file mandatory financial disclosure statements and a proposed parenting plan, depending on the issues. If custody issues are not resolved, the parties must attend mediation.

While your case is pending, continue to gather evidence to support your position. You can review the factors of each issue to help decide what type of evidence you need for your case. If you want to discuss your options with a paternity lawyer, contact me, Tana Benner, to schedule a consultation. 

Tana Benner is an estate planning lawyer.

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