Modification of Family Law Orders. Can I get more child support or change who my child lives with?
From time to time your previous court order may require a modification as things change regarding you, your child and the other parent of your child. These changes may include changing the days you see your kids, amount of child support paid or maybe even who your child lives with. The law generally requires that a change in the order be what is best for your child and the circumstances of the child or a parent have changed significantly. If the last order was signed by the Court within the last year, some additional factors must be satisfied when changing which parent the child lives with.
Child Support: The law requires that the circumstances of the child or a parent have changed significantly OR it has been three years since the last child support order was signed by the Court and the new amount of child support will change by either 20 percent or $100.00 from the current amount. On September 1, 2007, the law changed regarding the maximum amount of child support you can receive. If your last child support review was prior to September 1, 2007, you may be able to receive more child support now.
Choice of Primary Conservator: The former law stated that once a child reached the age of 12 years, the child could sign a paper and file it with the Court telling the Judge which parent they wished to live with. That is no longer the law. The new law states the child can no longer sign and file a paper with the Court, but may meet with the Judge in the Judge’s office and tell the Judge whom the child wishes to live with.
The law does not define what constitutes a significant (material and substantial) change in circumstance. However, the family law attorneys at Albin | Harrison | Roach are very experienced in these matters and will be happy to meet with you to discuss your circumstances and options if you wish to pursue a modification of your prior order.
