The custody or support order you received at the time of your case settlement may have worked well at the time, but that does not mean it is working now. When things change in your family structure, schedule or situation, you might need to revisit one or both of those orders to request a modification.
There are a few common situations that necessitate modification of a custody or support order.
Modification of custody
The initial custody order defines which parent has primary physical and legal custody as well as the expected schedule for visitation and holiday periods. Certain events can trigger a custody modification.
- If one parent relocates, especially if the distance is prohibitive for visitation
- When one parent’s work schedule changes and affects their availability
- In the event of any suspected abuse or neglect allegations by either parent
The court will consider changes such as these in the determination of a modified custody order. When possible, consider the best modification solutions before you appear in court.
Modification of support
Child support calculations depend on many factors, including the income of both parents as well as which parent has primary physical custody. Certain financial or custodial situations warrant a modification.
- One parent lost their job
- One parent receives an increase in pay
- Changes in the primary physical custodial parent
Whether the result of termination, promotion or job changes, any change in income may alter the support calculation. If the parents change the custody agreement, the percentage calculation may change as well.
Consider the changes in your situation and how they apply to your custody and support orders. Petition for modification if necessary.