Modifying a court order means legally changing the terms of a previous order concerning child custody, parenting time or child support. This is not an informal change; it requires filing a formal request with the court.
Modifications
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Fort Wayne Modifications Attorney
When it comes to child custody, parenting time, and child support, it’s not surprising that, when life situations change, one parent might seek modifications to any or all of these. If one parent, for example, moves to have more weekends and overnights with the child, and is granted the additional custody, then the credit for this time could impact the child support agreement.
Not surprisingly, it can be helpful for parents working through the legal system to have an attorney to assist. This is especially important for cases like the above, where one modification can potentially impact another. An attorney like Robert Bellinger can help make sure that the case is managed efficiently and correctly.
In the state of Indiana, there are multiple guidelines used to determine how much child support a non-custodial parent should have to pay. The initial guidelines alone break down into over 25 potential points that can impact the rate of weekly, bi-monthly, or monthly pay. For this reason, it is highly recommended that parents dealing with a child support issue consult with an attorney. Everything from the weekly cost of health insurance premiums for children to alimony from a prior marriage can impact how much child support someone is obligated to provide.
Custodial rights can be an intensely difficult battle to fight. While Indiana protects both the rights of custodial parents and noncustodial parents, the state ultimately tries to side with the best interest of the child when making custody decisions. The Bellinger Law Office can help prepare parents so that it can be clear and factually obvious to the court that a requested custody arrangement is more beneficial to the child.
Noncustodial parents do have rights, and The Bellinger Law Office will make sure that your case receives the representation it deserves. If you have any questions about modifications to Child Custody, Patenting Time or Child Support, contact our Fort Wayne family attorney at 260-428-2214, or contact The Bellinger Law Office online.
FAQs About Modifications in Indiana
Can my ex-spouse and I just agree to change our parenting time schedule without involving the court?
While you can make informal agreements, they are not legally enforceable. To ensure the new schedule is official and to avoid future disputes, it is essential to have your agreement approved by the court and made into a new formal order.
I just lost my job. Is that enough to change my child support payment immediately?
Losing your job is a significant change that can justify a modification. However, the change is not automatic. You must petition the court to have your child support obligation reviewed and adjusted based on your new financial circumstances.
What kind of evidence is needed to prove that a custody modification is in my child's best interest?
Evidence may include school records, testimony from teachers or counselors, proof of a more stable home environment or documentation of any negative changes in the other parent’s household. An attorney can help you gather the necessary records to build a strong case.
My work schedule changed, and I can no longer follow our current parenting time order. What should I do?
A significant change in your work schedule can be a valid reason to seek a modification. You should contact our attorney to help you file a petition to adjust the parenting time schedule to fit your new availability.
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