modification

Modification

If the circumstances in your case have changed, you may be entitled to seek a modification. Typically, if there is a substantial change in circumstances a modification may be sought. Modifications can be agreed upon or one party can seek to have the court modify the order. While any change is a modification, most modifications take place in three areas:

 

MODIFICATION OF TIMESHARING

The court has continuing jurisdiction to modify timesharing orders. In seeking a modification of child custody, the movant must show both that the circumstances have substantially, materially changed since the original custody determination and that the child's best interests justify changing custody; furthermore, the substantial change must be one that was not reasonably contemplated at the time of the original judgment.

 

MODIFICATION OF ALIMONY 

Alimony is based upon the need of one party relative to the standard of living established during the marriage and the other party’s ability to pay support to meet that need. If there is a change in the payee’s need or the payer’s ability to pay, then a modification may be warranted. Further, cohabitation or the existence of a supportive relationship may warrant a modification.  

 

MODIFICATION OF CHILD SUPPORT 

A modification of child support is relatively easy to obtain compared to timesharing and alimony. If the living arrangements change or there is a change in the financial circumstances of the parents, a change in the amount of child support paid may be warranted. Even the passage of time can qualify to seek a review of the amount of child support paid.