Assistance Modifying Your Existing Divorce Order
The law recognizes that people’s lives change and, when they do, their court-ordered child support, visitation and spousal support arrangements may need to be modified. There must be a substantial change in your circumstances for the court to consider a modification.
The family law attorneys of Leonard, Hammond, Thoma & Terrill, P.C., can represent you whether you are seeking a modification or your former spouse wants to make changes with which you do not agree.
Our attorneys will work in your best interests in all types of modifications, including those involving:
- Child support orders
- Visitation (parenting time and child custody arrangements)
- “Move away” issues
- Spousal support (Officially there is no alimony in Indiana, but if your divorce decree includes support for a former spouse, the specifics of those arrangements can be modified.)
If you have remarried, had more children, lost your job or experienced another major change in circumstances, our attorneys can file a petition asking the court to modify the amount of money you pay or receive in child support. It is important to remember two points about modification:
- Talk to a lawyer as soon as possible. A successful petition is retroactive only to the date you filed the petition for modification – not to the date of your change in circumstances.
- Do not agree to informal arrangements with your child’s other parent. Even if your ex agrees to a change in child support, you will continue to owe the amount stated in the court order until the order is changed through legal action.
If You Move, You Must Give Notice!
If either parent of minor children plans to move any distance, he or she must notify the court and the other party. The other party then has an opportunity to object and show that the relocation does not serve the best interest of the child or children.
We encourage clients to fulfill these requirements, even if they are only moving from one apartment to another in the same building. Giving notice shows the court that you play by the rules and take the law seriously, an attitude that can reflect positively on you should issues arise in the future.