FAQ: Modifying the Decree
This section applies if you had children in your divorce. Child support ends when the child reaches 21unless emancipated earlier and can go after the child is 21. With children involved, your divorce does not really end until the youngest child is emancipated. I want to emphasize two things: 1) this is, again, a broad outline, and 2) that the General Assembly has the power to change these things. I keep my clients informed who want to be kept informed of changes in the law by way of newsletters. Keeping you informed means you keeping me informed of any changes in your mailing address. I do handle modification cases. If you want to modify an order or your former spouse is trying modify anything, then you need to give me a call.
Modifying Support. Child support modification requires a substantial and continuous change in circumstances so as to make the terms unreasonable, or there has been a change of more than a twenty percent (20%) in the past 12 months from the amount ordered by the court. "Substantial and continuous change" certainly means any serious decrease or increase in income of either parent. I suggest that you keep the online child support calculator bookmarked on your computer (if you have one) so that you can see if you need to modify support.
Modifying Visitation. Parenting time allows little in the way of modification. Child support can change as often as the parent’s income but there should be too often a change in parenting time. A parent moving out of the area is grounds for modification. Otherwise, restricting parenting time means showing the court "that the parenting time might endanger the child's physical health or significantly impair the child's emotional development."
Relocation. The changed in 2006 on this issue. The prior law stated that one must give notice only if a party were moving mroe than 100 miles from the courthouse where the party got their divorce. No such distance requirement is in the new statute. The statue requires notice if a party is moving. The court must set the matter for a hearing and the court can modify any of the following: a custody order, parenting time order, grandparent visitation order, or child support order. If you are thinking of moving, you need to contact me immediately.
Modifying Custody. A custody modification requires a substantial and continuous change that makes a modification of the custody order in the child’s best interests. What I said in the section above about custody applies here, too.
Modifying Support. Child support modification requires a substantial and continuous change in circumstances so as to make the terms unreasonable, or there has been a change of more than a twenty percent (20%) in the past 12 months from the amount ordered by the court. "Substantial and continuous change" certainly means any serious decrease or increase in income of either parent. I suggest that you keep the online child support calculator bookmarked on your computer (if you have one) so that you can see if you need to modify support.
Modifying Visitation. Parenting time allows little in the way of modification. Child support can change as often as the parent’s income but there should be too often a change in parenting time. A parent moving out of the area is grounds for modification. Otherwise, restricting parenting time means showing the court "that the parenting time might endanger the child's physical health or significantly impair the child's emotional development."
Relocation. The changed in 2006 on this issue. The prior law stated that one must give notice only if a party were moving mroe than 100 miles from the courthouse where the party got their divorce. No such distance requirement is in the new statute. The statue requires notice if a party is moving. The court must set the matter for a hearing and the court can modify any of the following: a custody order, parenting time order, grandparent visitation order, or child support order. If you are thinking of moving, you need to contact me immediately.
Modifying Custody. A custody modification requires a substantial and continuous change that makes a modification of the custody order in the child’s best interests. What I said in the section above about custody applies here, too.