Life Happens: Altering Your Child Support And Custody Arrangements

If you and your ex-spouse have court-approved child support and custody arrangements in place for your minor children, there may come a time to make changes to the plan. Unlike some major aspects of your divorce decree, such as debt and property division, provisions that address children can always be altered by the courts. To learn more about why a child support and custody arrangement would need to be changed, and how to accomplish the change, read on.

The Need for a Substantial Reason

Family law courts place the needs of minor children above all else. The well-being of the child is the top priority, so in order for the courts to consider changing a previously agreed upon or court-ordered agreement, you must be prepared to demonstrate how the change will benefit the minor child. Some common situations that could prompt a request for a change in arrangements include:

• The child's age: Courts in some states allow children who are older to have a say in physical custody arrangements.
• Remarriage: The marriage of one parent could create a better living environment for the child.
• Long-distance moves: The parent would need to provide strong evidence that taking the child far away from the other parent would provide an overwhelming benefit for the child, such as improved educational opportunities.
• Drug or alcohol abuse, domestic violence or other criminal behavior: An unsafe environment for the child will nearly always trigger an emergency custody hearing and change.
• Death or incapacity of a custodial parent.
• Visitation violations: Parents are expected to comply with court-ordered visitation rulings, and the denial of visitation by the custodial parent could not only be grounds for changing the arrangements, but that parent could be charged with contempt of court.
• Income changes: A dramatic and permanent change in income could call for a child support amount change, since the support amounts are based on the parent's income.

How the Agreement Can be Modified

1. Both parents agree to the change. In this scenario, a support, visitation or custody modification request is drawn up by an attorney and filed with the court. The judge will normally approve any agreement that both parties have agreed upon, as long as the best interest of the child has been taken into account. Some judges will interview an older child before approving the order.
2. Parents are in disagreement about the change. A petition for a hearing must be filed by your attorney and testimony will be heard in court concerning the agreement alteration. The judge will rule on the change.

Retaining a family law attorney like one from Aaron Law Offices PLLC to assist you in making changes to your child custody and support arrangements is vital. Legal issues concerning children are always especially stressful, so having expert legal representation can make the difference in a successful outcome for you and your children.