Modifications to child support orders are needed for a variety of reasons that may be unforeseen during the initial divorce proceedings. Unfortunately, they do not happen automatically. They must be petitioned forand approved by the court. Your child support attorney will assist you through the procedures and ensure your rights are protected.
Changes in Visitation
As children age and school schedules change, it may be necessary to modify custody orders to accommodate those changes. For instance, when your children were little you may have had an arrangement where each parent rotated custody on a weekly or monthly basis. This type of schedule can quickly become impractical when the children start school. It is important to formally modify the arrangement to protect the rights of each parent.
Changes Affecting Support
Some instances may occur which require a monetary change of support. The supporting spouse may receive a substantial pay raise and be in a financial position to provide greater assistance, or that party may be earning substantially less than at the time of the original order and may require that his/her support obligation be lowered. Another instance that often requires a financial modification happens when the child needs additional care because of either a medical emergency or educational needs.
Modifying an Order
In order to modify an existing child support order, you must first petition the court with a Petition to Modifythe Parent-Child Relationship. If both parties agree to the changes requested, the process will go rather smoothly. However, if either party disagrees with the modifications requested, the court will make the final decision. Whether you expect the process to go smoothly or not, this is not the time to go things alone. You must protect your legal rights by working with a child support attorney from the beginning.
Verbal Changes to Custody Orders
One common mistake former spouses often make, especially those who get along reasonably well, is to verbally agree to a modification of orders. Remember, that although you may agree the verbal order is not legally binding. Your child support /child visitation attorney can assist you with a successful modification.
Goldstein & Scopellite, PC is located in Dallas, Texas and Tucson, Arizonaand was established in 2002. for more information, see our local listing in D Magazine.
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