Modification Cases – Family Law
Modification of Child Support:
Child support modifications should be sought when there is a “substantial change in circumstances” which would either increase or decrease the amount of child support to be paid or received by a party.
Some events that may constitute a substantial change in circumstances are:
- The loss of a job
- A substantial decrease in income
- A substantial increase in income
- A substantial change in daycare/aftercare or health insurance expenses for the child at issue
- A child graduating from high school or turning 18 years old
Modification of Time Sharing:
Modifying timesharing is always an option when children are involved. In order to modify time sharing, you need to allege and ultimately prove a substantial change in circumstances. Once you meet your burden of showing a substantial change in circumstances, you also have to demonstrate to the Court that the requested change is in the best interest of the child.
Modification of Alimony:
Modification of alimony is very similar to child support in that the changes that often lead to a change in child support payments often lead to a substantial change which would constitute grounds to modify an amount of alimony. However, modifying alimony is generally much more difficult than modifying child support.
First, some alimony is non-modifiable. If you signed a settlement agreement agreeing to non-modifiable alimony, you will not be able to change your payments even if a substantial change occurs.
Second, the term of alimony is usually non-modifiable. This means that you may be obligated to pay permanent alimony forever, but the Court has the ability to modify the amount.