If your financial and personal circumstances have
changed since the divorce or court-ordered divorce decree – such as
through job loss, or a new job in another town or state – you can
petition the court to alter your parenting plan or level of child
support or alimony. Likewise, if the parent with less timesharing (or
non-residential parent) is not living up to their obligations, you have
legal recourse to force them to adhere to a judge’s orders.
Either party can move to have child support
increased, decreased, or terminated. The court requires a
“substantial change in circumstances.” It must be material
(financial) and permanent, such as unemployment or reduced salary, or a
raise or promotion. It also can include increased needs of the child,
such as special education or medical needs. At age 18 or graduation, you
can petition to terminate support for a child (unless the child has
ongoing special needs). As your lawyer, I can help verify that the court
has adequate information on which to base its decision.
Whether job loss or a move to another state
prompts a divorce decree modification to a parenting plan, it is
important to remember that it is not enough the change be in the child’s
best interests; it must also be under allowable circumstances. While the
court may agree your request is in the best interests of your kids, they
can still deny the change.
One parent can petition for sole parental
responsibility (formerly sole residential care or sole custody) if there
is evidence that the child is endangered in the other parent’s home,
such as abuse, neglect, domestic violence, or drug use. The court will
order an investigation to determine if the parent is unfit, which may
include a home evaluation and/or psychological evaluation. I have
represented both sides in these very contentious proceedings.
To increase your timesharing with your child, you
will need to prove to the court that the child’s best interests would be
served. Once you have the child 20 percent of the time, child support is
calculated at a lower rate. However, a judge will see through a naked
attempt to decrease support obligations if you have not been active in
the child’s life before now. The court may also consider the child’s
input in its decision.
Parents can alter the parenting plan on their own
(e.g., to change schedules, a mutual agreement for an older child to go
live with Mom or Dad). However, one parent’s wish to relocate with the
kids is often hotly contested by the other ? I can represent either
party.
You can petition to increase, decrease or end
alimony if there is a material change in one party’s need for continued
support or the other party’s ability to pay.
Any part of a judgment can be enforced: the
parenting plan, child support, alimony, and the property settlement. If
the other party is not paying child support, we can seek wage
garnishment or levies against bank accounts, even retirement assets.
Failure to pay court-ordered obligations can
result in civil contempt charges. A judge may put the violator in jail
for willfully withholding payment, but before doing so must provide a
“key to the cell.” i.e., if the person has the ability to pay,
they must be given a window of opportunity to pay all arrears. Failing
to turn over children at the assigned time or otherwise interfering with
custody rights can also result in contempt charges, and repeated
violations may lead to reopening of the parenting plan. While the court
cannot modify equitable distribution, if your spouse is found to have
breached the agreement, a judge can award a financial judgment to you as
a creditor with a payment claim.
If you cannot pay your financial
supportobligations, I can defend you on the contempt charges, help you
seek temporary or permanent modification, and negotiate the arrears. On
either side of a modification or enforcement action, you should have
experienced legal representation to protect your rights.