MODIFICATION

Legal Decision Making and Parenting Time

In order to request a change from your legal decision making or parenting time (custody) order, the current order must have been entered at least twelve (12) months prior to requesting the modification.

A modification request may be filed six (6) months from the date of the current order if one party is not following the terms of the current order in place.

Exigent circumstances allow a party to request a custody modification in a shorter period of time. Where the physical, mental, or emotional health of the child is endangered, a party may file for a modification at any time. Circumstances endangering the child allow the court to grant an Emergency Custody Order without prior notice to the other party.

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Child Support

A child support modification may be requested whenever “substantial and continuing circumstances” exist which adjust the child support obligation by at least a 15% differential from the current child support obligation.

Spousal Maintenance

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Spousal Maintenance may only be modified if the Divorce Decree specifies that a modification of spousal maintenance is permissible. If the parties selected that spousal maintenance is non-modifiable, then a modification will not be permitted under any circumstance.

However, a spousal maintenance award will terminate following the death or remarriage of the receiving party.

Otherwise, a substantial and continuing change in circumstances may allow a party to request a modification in the current spousal maintenance order.

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