When a Divorce Settlement Can Be Modified

Modifications can be sought when there has been a life change that the court deems “substantial and continuing”. Examples of this kind of significant life change often include the following: 

• The non-custodial parent suffers income loss: Everything from getting laid off to having salary reduced is a valid reason to seek a reduction in what is owed for child support or modifiable spousal maintenance. 
• The non-custodial parent gains income: The corollary to what’s above is that an ex-spouse and children can also share in newfound prosperity. The custodial parent can petition the court for an increase in payments in the event the other spouse sees their income grow. 
• A change in the costs of child-raising: What if a child goes through health problems that result in increased medical expenses? It’s appropriate that both parents, not just the custodial parent, share in the costs. A change in the costs of education is another example of something that may, depending on the circumstances, call for an increase in child support payments. 
• Changes in parenting time are desired: Perhaps a child wants to spend more time with the non-custodial parent. While a court order certainly isn’t necessary if both parents agree, it’s generally advisable to get any changes to the original parenting plan approved by the court. This provides legal protection for all involved and an enforceable order of the court. 
• Changes in parenting time are approved: If a parenting time schedule is changed, that can have ripple effects on child support. A non-custodial parent who sees the time they spend with their children increase may be able to get a reduction in child support, as they are presumably spending more of their income directly on the chilren through food, transportation, etc. 
• One parent desires to relocate: There are a lot of reasons people may seek to leave the area, from job opportunities to a new romantic relationship. This can directly impact parenting time agreements and may impact child support and spousal maintenance. 

The possible scenarios listed here are far from exhaustive. Moreover, these changes presume a reasonably amicable (or at least civil) relationship between the parents. Unfortunately, this isn’t always the case, and sometimes the reason for requesting changes to a parenting  plan can be that the child is in physical danger from the other parent. Whether that is due to domestic violence, addictions, or reckless behavior, it is certainly a valid reason to petition the court for help. Moreno Family Law, LLC is here for you. 

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