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. I 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 which addresses a parent moving away from the location of their housing at the time of the divorce and can result in difficult and complex issues.
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, most often, a significant change in a parent’s income.