15 Mar Modifications/Post Dissolutions
Child support, custody and parenting time orders are commonly modified after the initial order of the court, as the child grows and the parties’ circumstances change. The attorneys at Mitchell Law Group can assist you in determining whether a modification is warranted in your case.
The basis for a custody modification is a substantial or material change in circumstances since the last custody order. The burden to prove that a modification is warranted is placed upon the party requesting the modification, and as always, the child’s best interests are the court’s paramount concern. A rising number of custody modifications relate to Indiana’s relocation statute.
To modify a previous child support order, there must be a substantial and continuing change in circumstances affecting the needs of the children or the ability of the parents to pay. Generally, such a change must result in a 20% difference from the previous child support obligation amount ordered by the court and must be in place at least 12 months before it may be modified. A modification may be warranted if there has been a change in custody, parenting time arrangements or a significant change in a parent’s income.