When circumstances change it can create challenges for men paying or receiving child support. Changes in employment status, household income, or other events can drastically affect the need for, or ability to pay, support. For men in these situations, it can be frustrating to know what comes next. Fortunately, there are options available to adjust support and increase your time with your kids. Modifications and appeals provide opportunities for amending support and custody orders.
What are modifications?
A modification is a legal course of action that is used to change a final court order. Modifications can alter where and with whom your child visits, where the child lives, the amount of financial support, and other factors outlined by your parenting plan.
Modifications can be categorized as major or minor depending on what they seek to change. A major modification will request big changes to the existing parenting plan. An example of a major change would be requesting physical custody. Minor modifications are small changes like adjusting pickup times or locations.
Modifications are subject to evaluation and by the court. Before a modification is granted the person requesting the change will have to prove there is adequate reason for altering the order. If the person petitioning for the change cannot show there is adequate cause, the modification will be dismissed.
What are appeals?
An appeal is a request to review and change the decision of the court. It is important to note that an appeal is not a second trial. An appeal is heard by The Court of Appeals— it is their goal to make sure the Trial court followed all applicable laws and did not abuse its discretion.
The first thing you should do if you need to change your custody or support orders is to speak to an experienced family law attorney. They will help you evaluate your unique situation and determine if there is adequate cause for a change. If you need answers to your modification and appeal questions, please, call us. (503) 731-8888