Modification of Court Orders

A child custody order is a court order that gives one parent most or all of the rights and duties regarding a child. A child custody order can always be modified.

To modify a child custody order, a parent must establish three facts.

• A change in circumstances occurred after the existing court order was issued.
• The change in circumstances relates to the child or a custodial parent.
• The modification requested would be in the best interest of the child.

After a child custody order is issued, each parent is usually given the right to have physical possession of a child during specific periods of time. The right to have possession of a child is generally called the right to parenting time. However, in some sole custody cases, these rights are called visitation rights. Parenting time and visitation orders can always be modified.

To modify a parenting time order or a visitation order, a parent must only establish that modification of the order would be in the best interest of the child.

A shared parenting order generally gives custody of a child to both parents. A shared parenting order is sometimes called a joint custody order. If a shared parenting order has been issued, the parents share some or all of the rights and duties regarding a child.

Shared parenting orders can always be terminated. To terminate a shared parenting order, a parent must establish three facts.

• A change in circumstances occurred after the existing shared parenting order was issued.
• The change in circumstances relates to the child or a custodial parent.
• Termination of the shared parenting order would be in the best interest of the child.

A shared parenting order also adopts and approves a shared parenting plan. A shared parenting plan addresses many of the details regarding how the parents will care for a child. For example, a shared parenting plan will address parenting time rights and school placement issues.

A shared parenting plan can always be modified. To modify a shared parenting plan a parent must only establish that modification of the plan would be in the best interest of the child.

A child support order is almost always issued when a child custody or shared parenting order is issued. A child support order can almost always be modified.

To modify a child support order, a parent generally must establish that the new child support order would be at least ten percent more or ten percent less, than the existing child support order.

Other child-related court orders can also be modified. For example, court orders regarding a child's school placement, health insurance, and uncovered medical and dental expenses can be modified. Similarly, court orders regarding the allocation of a tax dependency exemption and decision making authority can be modified.

A spousal support order is sometimes called an alimony order. A spousal support order can only be modified if, at the time the original spousal support order was issued, the court expressly retained the power to modify the order in the future. If the court did not retain the power to modify the order, the order cannot be modified.
To modify a spousal support order, a party must establish two facts.

• A change in circumstances occurred after the existing spousal support order was issued.
• A new spousal support order would be more reasonable and appropriate than the existing order.

Generally, a court cannot modify a prior court order dividing property and debt. However, if a party fails to disclose a significant item of property or debt, it may be possible to reopen the case and reexamine property and debt division orders.

If a party files a motion to modify a prior court order, the court can order one party to pay some or all of the other party's attorney fees, court costs, and other litigation expenses. A court will issue such an order if it finds that such an order would be equitable.

Further, a party engages in conduct that a court believes is frivolous, the court can order the guilty party, or the guilty party's attorney, to pay the attorney fees incurred by the innocent party regarding the frivolous conduct.

If the parties to an existing court order reach an agreement regarding modification of the order, the court will generally allow the parties to modify the order. An existing court order can only be modified by the issuance of a new court order. That is, an existing court order cannot be modified based on an informal agreement between the parties.

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