Oregon Divorce Lawyer Handling Post-Judgment Modifications
It is common for life's circumstances to change after the terms of a divorce, legal separation, paternity or custody judgment have been finalized. To modify custody, child support or spousal support, the party must prove a substantial unanticipated change of circumstances since entry of the underlying judgment. Parenting time can be modified by showing that it is in the best interests of the child to do so.
Child Custody Modification Attorney
The modification of child custody requires the court to find a substantial change in circumstances in the custody arrangement since the original custody determination. These circumstances may include remarriage, relocation, one parent being deemed unfit or a change in the child's school schedule.
The modification of sole custody from one parent to another is generally based upon health, safety and welfare issues pertaining to the child or if the court finds that the child is in danger.
The standard for modifying a change in joint custody requires only a showing that the parties find it impossible to agree on decision-making or the other party refuses to cooperate on parenting issues. This, in and of itself, constitutes a substantial change in circumstances sufficient to justify changing custody.
It is important to note that as children become older, the choice regarding which parent the child prefers to live with will be given more weight.
Child Support Modification Lawyer
Modifications of child support are justified by a substantial change in income of either parent, emancipation of a child or unanticipated mental or physical incapacitation of a child. Child support is calculated using overnight parenting time and a substantial change in the number of overnights spent with one parent may also justify a modification of child support.
The parent seeking a modification has the burden of proof to show a change in circumstances has occurred sufficient to justify a modification of the child support calculation. As a general rule, the courts will use the child support guidelines in determining child support. Deviations may be allowed in appropriate circumstances.
Spousal Support Modification Attorney
Modification of spousal support requires an unanticipated substantial change in circumstances. The court may increase, decrease or terminate spousal support with adequate cause. The party seeking the modification has the burden of proving that a substantial change in economic circumstances has occurred sufficient to justify a modification. Spousal support modifications are appropriate due to job loss, failure of a business or other substantial change in income or earning capacity.
Parenting Time Modification Lawyer
Modification of parenting time or visitation requires showing that the modification is in the best interests of the children. Modifications of parenting time routinely occur in relocations caused by job loss or a new job. A parenting time modification may also be justified by an improvement in the requesting party's living conditions or health or welfare.
Paul F. Sherman Is an Experienced Modification Attorney
We know you have questions and we have the answers. If you would like more information about post-judgment modification of child custody, parenting time, child support, spousal support or other modifiable issues, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free post-judgment modification consultation with a Portland modification lawyer.