When a case is finalized, the final order sets forth terms for the parties to abide by. For instance, child support or spousal support payments may be required, or the parents may have to adhere to a child visitation schedule. What happens when one parent can no longer meet the demands of the order? What if you have to make child support payments each month, but you lost your job? What if the other party moves 3 hours away and the visitation schedule is no longer feasible? You may need to consider a modification action. The court will not modify orders simply because one party is tired of following that order or regrets the agreement.
In order to modify an order, the party requesting the modification has the burden to show a substantial change in circumstances since the entry of the last order. The circumstances must be more or less permanent and not have been contemplated when the last order was entered. In some instances, the requesting party will also have to prove that he or she can provide superior care. The burden varies depending on what the requesting party is wanting to modify. For example, the burden to modify a visitation schedule is less than the burden to modify a custodial order. No standard list sets forth which circumstances warrant a modification. Modifications are analyzed case-by-case. Modification actions can be difficult because they are very circumstantial and the burden is high. We have experience with a variety of modifications, from child support and alimony, to child custody and visitation.
Call Sailer Law today at (319) 260-2096 to schedule a completely confidential consultation.