Spousal Support Modification
What you need to know about Spousal Modification
Spousal Support Modification Guide
Portions of a family law judgment can be modified. The property division provisions are not subject to modification; however, orders regarding child and spousal support, custody provisions, and parenting time are adjustable if circumstances change in a manner that justify modification.
Modification of Child or Spousal Support: If one party experiences a change income, that change may be a basis for a new child support calculation to ensure each parent is paying their fair share, or it may justify a change in the amount or duration of spousal support.
Child Support Modification: Children grow up and family financial circumstances change over time. Common reasons for a change in the child support amount include an increase or decrease of income, and changes in the amount of expenses for the children (such as the discontinuation of child care). Changes need to be substantial and unanticipated when compared to the circumstances that existed at the time the current child support was determined.
Spousal Support Modification: A change in the amount or duration of spousal support may be appropriate if the purpose for the current award no longer exist, or there have been unforeseen circumstances for either party that reduces the payor’s ability to pay or the recipient’s need for support. Spousal support modification is not as straightforward as a child support modification.
Custody and Parenting Time
Modification of Custody and/or Parenting Time: Changes to child custody and parenting plan provisions may become necessary for many reasons, including changes in a parent’s ability to provide a safe and nurturing environment, the need for a parent to relocate, changes to a parent’s health, changes in the relationship between each parent and a child, changes in the child’s or parent’s schedules, or the stated preference of an older child. Parenting time may be modified any time a parent can show that a change is in the child’s best interest. Custody modification, on the other hand, requires a substantial change in circumstances the justifies consideration of a change, and proof that the change would be in the child’s best interest.
Modifications of judgment provisions can be complex. The attorneys at McKean Smith can assess your particular circumstances and if your situation supports modification, can assist you through the process from filing the modification paperwork with the Court to resolution.
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