Motion to Modify

Child support arrangements and child custody arrangements, at some point in time, may need to be modified based on a child's circumstances. If both parents agree to the motion to modify the process can be simple and may not require a trip to court for a contested hearing.

For instance, when parents agree on the changes to the parenting plan they may file their agreement (stipulation) for modification with the court. The court may grant the request without a formal hearing, depending on the nature of the change. Major changes will require a new court order to be binding.

Consider, however, even if both parties agree, unless the agreement is formally filed with the court and approved by the court the prior parenting plan remains in effect. If one of the parents does not agree to the motion to modify, it may be time to seek legal counsel. Motions to modify a child custody arrangement are common as a child grows, goes to school, and engages in more extra-curricular activities. Older children may also have the right to ask to live with the other parent.

Child support agreements may also be modified if the circumstances of the paying parent change or the child's financial needs have changed since the court made the existing order. Reasons a child support order may be modified include if the payer is unable to pay due to a disability or job loss, the child has a medical emergency, either parent remarries and the spouse's income increases the household income, the cost of living increases, the child's needs changes or child support laws change.