Modifications

Parenting plans, child support orders, and in some cases decrees of dissolution can be modified. There are two criteria that must be met before the court will even entertain a modification. Those are (1) there must be a substantial change of circumstance since the entry of the subject order; and (2) this change must not have been contemplated by the parties at the time of the entry of the order.

If these two requirements are met you may proceed to the next step of asking the court to modify or change your order. That change may or may not be granted.

A modification of a decree of dissolution regarding a redistribution of property is virtually never granted unless there was fraud perpetrated by one spouse against the other such as the hiding of assets or putting items in the name of a relative or friend.

Due to the change in our economy we are seeing an increase in requests to have child support either raised because one spouse has lost a job, or decreased for the same reason. After requirements (1) and (2) are met the court must determine if the change requested is justified under the circumstances.

Likewise a request for a modification of a parenting plan must meet the same two requirements. The modification of a parenting plan regarding custody of a child is tantamount to a custody battle and must be approached accordingly. Please see “custody” for a more in-depth discussion.

Modifications for custody are not easily obtained. Mr. DiPietro will be happy to discuss your situation with you to determine whether your specific case may warrant such a modification.

Mr. DiPietro will explain your rights in each of these areas so you will have a complete understanding as to what you can or cannot anticipate.