MODIFICATION

  • CAN MY TERMS BE MODIFIED?

    Child custody, child support and spousal support terms set forth in a court order may be changed under certain circumstances

    Temporary child custody orders may be modified by the court if such modification is found to be in the best interests of the child.

    The standard is higher for permanent orders. The party seeking to modify a permanent child custody order must establish that there has been a substantial change in circumstances affecting the welfare of the child. If this initial burden is met, the court must find that modification is in the child's best interest before it may modify the order.

    A substantial change in circumstances may warrant modification of spousal support and/or child support obligations.

    Whether the order in place is temporary or permanent, most orders can be modified without the need for litigation as long as the parties agree to the modification.

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