Modifications – What has to Change in Order for me to Get One?
When circumstances change that affect a parent’s ability to care for his or her children, seeking a child custody modification or child support modification of an order may be warranted. Some circumstances may include job loss, change in parental responsibilities, or addiction issues. Since the amount of child support one is required to contribute is formula and based on statutory guidelines, it stands to reason that modification of child support would be requested when there is a “material change of circumstance,” such that your income is substantially negatively affected. This applies for both the giver and receiver of child support.
So, if you are the giver and have lost your job, you can seek an adjustment to your support obligation (whether temporary or permanent) to lower the support you give to more accurately reflect your new income. The rules are the same for the receiver, namely, if circumstances have caused a decrease in your income, you may seek a similar adjustment to the support you receive (whether temporary or permanent) to increase the support you receive to more accurately reflect your new income. Modifications can also be obtained to change custody and visitation, but its not always as clear cut because the facts are more likely to be in dispute.
Also bear in mind that this can be a difficult task because some judges can be reluctant to alter their previously issued orders. We have the expertise necessary to clearly and effectively present the old facts and the new facts of your case to a judge. The language and presentation an attorney uses are extremely important in these cases. At Wright Family Law Group, we have the knowledge and experience necessary to understand what goes into making a strong case and molding the presentation of a modification to the Court.