Parental Responsibility

Parental Responsibility may also be modified when there is a substantial change in circumstances and it is in the best interest of the child. A child’s preference may be a factor but will not alone determine a change. Other factors that may be considered when modifying parental responsibility include the moral fitness of a parent as well as the mental and physical health of the parents.

While child support, alimony and parental responsibility may be modified, it is important to note that generally property distribution cannot be modified. Thus, it is critical to be aware that when one is negotiating regarding marital property the division of property is typically permanent.

When a divorce is granted the Judge will sign a Final Judgment. Although it is called a final judgment, there are some aspects of the judgment that may be changed. Changing those aspects are referred to as modifications. After a divorce the court still has the jurisdiction to modify the judgment.

Child Support

Child Support is quite often modified as parents financial abilities change.  When there is a significant increase or decrease in the paying parent’s ability to provide, there is a basis to request a change in child support. For the paying parent to decrease the payment, that parent must show that the change in income is substantial and involuntary.

If there is a decrease in resources due to a voluntary job change, retirement, remarriage, and/or the birth of subsequent children, child support cannot be decreased. A paying parent may be required to pay an increased amount of child support when there is a substantial increase in the paying parent’s income, regardless of whether the child has an increased need for support.  A change in visitation may also affect child support as the non-custodial parent child support obligation may be decreased if that parent spends at least 40% of overnights with the child.

Alimony

Alimony may be modified based on a change in the circumstances or financial status of the parties involved. Both permanent periodic alimony and rehabilitative alimony may be modified. However, lump sum alimony cannot be later modified. It is important to note that modification of alimony must be requested while alimony is being received. Also of great importance, be aware that if alimony is waived in an agreement alimony cannot be granted later regardless of the circumstances.