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Law Offices Of Andrew Merlo, P.A.

Why would someone need to have a parenting time agreement modified?

  • By: Andrew Merlo
  • Published: October 15, 2018

There are many reasons why someone may need to have a Parenting Plan modified. After the divorce is finalized, you are only going back the court for two possible reasons. You are either going to enforce what is ruled on, or you are going to modify what is ruled on. When you want to change what has been ruled on, the legal standard says there must be a substantial, permanent and unanticipated change in circumstances from what is currently in effect. If you are talking about modifying time-sharing, you are talking about the visitation schedule. The reasons to request a timesharing modification could be because of a job change or a change in school schedules or locations, for example, amongst other things.

Modification of child support based on a change of someone’s income is much more common than the modification of timesharing. Let’s say at the time of the divorce, the mom has a certain income level and the father had a certain income level. At some point in the future that income is probably going to change. If that is the case, then the standard is 15% or $50. If your child support amount is going to increase or decrease by that 15% or $50 change, then you qualify for the modification of child support. Again, whether child support or some other condition requiring a modification such as timesharing or relocation, there has to be substantial, permanent, unanticipated change in circumstances.

If you can present and convince the judge of that change of circumstances, the judge will grant the modification. Always keep in mind, the change that you are seeking has to be in the best interest of the child. That is always a requirement.

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