Child Support Modification | Modification of Final Judgments

There are a number of reasons why you may want to modify a Final Judgment, whether it is a Final Judgment of Dissolution of Marriage, a Final Judgment of Paternity, or a Final Judgment for Child Support.

 

Reasons to Modify a Final Judgment include:

  • Your income has changed (up or down).
  • It is necessary to change the time sharing schedule.
  • You are moving out of the geographic area and it will affect the time sharing schedule.
  • Your employment status has changed.
  • There have been changes as it relates to the children.

 

If I file a Modification, who hears the matter?

In most modification cases, the matter is referred to the General Magistrate due to a local rule. However, if you wish to have the matter heard by the Judge, you can object to the referral to the Magistrate.

 

If a Judge hears my modification, will it be the same judge that entered the Final Judgment?

In many situations, especially if the modification is filed a number of years after the entry of the Final Judgment, the Judge may not even be on the bench any more. The case will be heard by the same division in which it was heard. There are some situations where, even after a long period of time, the same judge will hear the modification case

 

Is there a filing fee if I want to modify my Final Judgment?

There is a filing fee for a Modification Petition.

 

Modification of Child Support

When can I file a Petition for Modification of Child Support?

You can file a Petition for Modification of Child Support any time after the entry of a Final Judgment of Dissolution of Marriage. If you do not wait too long after the entry of the Final Judgment to seek a modification, it could affect your ability to get the modification granted.

 

What is needed to modify my child support amount?

What is needed to modify my child support amount?
In order to file a modification of child support, you need to allege that since the entry of the last order on child support that there has been a substantial change in circumstances that was not anticipated at the time of the entry of the final judgment. Time Sharing, Primary Residential Responsibility, Relocation, Alimony.