Modification of Custody Support
After a divorce, custody of the child(ren) may be changed to the other parent if there is a “substantial, material and permanent change of circumstance” which affect the child(ren). Any modification of custody should be well-planned. If you are the custodial parent, you should seek legal advice before dramatically changing your life
If you are planning to move greater than seventy-five (75) miles from your home after your divorce, you will be required to give at least sixty (60) days notice of your intent to move explaining the reason for your move and a proposed new visitation schedule. The non-moving parent must object to the move within thirty (30) days of receiving the notice.
Child Support can be increased or decreased based upon a material change of circumstance. The law infers that child support should be reviewed every three years but there is no specific way to do so. You do have the right to request updated income documentation from your ex-spouse.
If you would like more information regarding post-decree modification issues, please contact our office to schedule an appointment.
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