Are You Entitled to a Child Support Modification?

The answer: it depends.

If there is already a court order for child support, a judge will have to find that changed circumstances exist that are continuous and substantial enough to make the amount of support unreasonable.  Usually this means that the amount of support you would be obligated to pay or receive because of the changed circumstances is 20% or more above or below what support is now.  If modifying support would result in a change of less than 20%, it's going to be much harder to convince a judge that not modifying support to the new amount would be unreasonable. 

How is support calculated?  The guidelines followed by courts take into account factors such as the income of both parents, expenses of both parents, and the number of overnight stays the children have with the noncustodial parent.  Any wrongdoing on the part of either parent could also come into play when the judge makes a child support determination.

The bottom line is that whether you should seek a modification really depends on your particular situation, and an attorney can be very helpful in helping you decide whether to seek a modification.

Custody: To Modify, or Not to Modify?

I get calls occasionally from people unsure whether to get custody modifications in family law matters.  These usually occur in situations where they and their ex-spouse have voluntarily changed custody arrangements and want to know if they should get a court order modifying the prior court-ordered arrangments to the new arrangements.  The answer?  It depends.  Do you want the new custody arrangements to not change?  If so, then you should probably hire a lawyer and get a modification. 

Now, some people think that just because their ex-spouse agreed to the new custody arrangements that they will permit those arrangements to stay in effect, or at least will be reasonable in the future with agreeing to custody arrangements.  Maybe they will, and you have to be the judge.  But experience has shown that people who rely on the good faith of their ex are sometimes burned.  Remember: this person you divorced is someone you could not get along with, who violated your trust, or for whatever reason you could not stand to remain married to them.  Do you want them to be able to come back at a later time, in a year or even tomorrow, and say they have changed their mind?  Without a modification in hand, you have no guarantee you can keep custody arrangements the way they are (and you may find yourself purchasing a dartboard with your ex's face on it to work out the angst you are now feeling).

That's why in nearly every case, even if you and your ex-spouse cooperate on all levels post-divorce, it is safest to go ahead and get the modification.  In the very least, you should consult an attorney in the matter (and probably be told you need the modification).