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post-divorce order that changes the terms of child support, custody, visitation, or alimony. A modification order may be agreed to by the parties or may be ordered by the court. The party wishing to modify an existing order must show a material change in circumstances from the time when the order sought to be modified was entered. Black’s Law Dictionary 1095 (9th ed. 2009).
Circumstances in any case will likely change over time. To accommodate this, courts will allow parties to request a modification of child custody or child support. Child support may be increased or decreased to accommodate these new circumstances which may include changes in income, expenses incurred, or changes in custody. Custody changes may be granted if the parties’ schedules have changed, a child’s age and activities are better suited to a different arrangement, one party is not exercising their custody rights, or one party is accused of abuse or neglect of their child. The party requesting the change must show the court sufficient reason for the changes exist and/or that the parties agree a change is appropriate due to a material change in circumstances since the order the party is seeking to modify. An experienced family law attorney can help you to determine if your situation warrants a modification and assist you with arguing for a more reasonable arrangement.