MODIFICATIONS

1. Can I modify child support or alimony?

Yes, the court does maintain the power to modify child support, under appropriate circumstances. You may also be able to modify alimony under certain circumstances. (See Alimony section for modification of alimony.) (See Child Support section for modification of child support)

2. Can I modify child custody?

Yes, but getting custody modified when the other parent opposes modification can be difficult. In a modification of child custody situation, the trial court's authority and discretion is much more restricted than at the time of the initial custody determination. The test is a two?pronged one. First, the party seeking to modify a custody decree must plead and establish that circumstances have substantially changed since the final judgment and second, the petitioner must establish that the change has such an important impact on the child that the court is justified in imposing a change of custody in the 'best interests' of the child. The "best interests" prong is proven when the trial court finds that a change in custody will so clearly promote or improve the child's well-being to such an extent that any reasonable parent would understand that maintaining the status quo would be detrimental to the child's overall best interests. This is typically not an easy standard to meet.

3. Can I modify visitation?

Yes, the courts frequently agree to modification of visitation, usually when there is a change in circumstances which merit such a change.

4. If I believe that I need to modify child custody, child support, visitation, or alimony, what do I need to do?

In order to modify any of the issues mentioned, you or your attorney must file a Petition to modify with the court.

5. Where can I get an attorney to represent me for a modification hearing?

Just click here, to schedule an appointment with an attorney.

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