Family Law - Modification

Sometimes after a decree of divorce or legal separation has been entered by the court, the parties may want to change some aspect of the judgment. This is called a Modification. Usually, a property settlement cannot be modified after the court enters the final judgment. Common modifiable things are child custody and parental visitation, child support, and spousal support.

Grounds For Modification of Support or Parenting Time
To modify child custody, child support, or spousal support, the moving party must show that there has been a substantial, material, and permanent change in circumstances since the entry of the last judgment. Some common changes are 1) For Child Custody: gross moral misconduct of the custodial parent, custodial parent’s neglect or endangerment of the child, de facto custody by the non-custodial parent, improvement in the situation of the non-custodial parent, move by the custodial parent, failure of joint custody and the wishes of the child. 2) For Child Support: physical custody of the child has changed, the child’s needs have changed, or the income of one or both parents has changed. 3) For Spousal Support: change in income of one or both parties, the obligee’s increased need, or the obligee’s lack of reasonable efforts to become self-supporting.