How do you know if you need to modify and can you? Well first of all if it has not been 3 years since the Judge signed the current order you and the other parent are operating under, you will need a material and substantial change involving a parent or a child. The following situations could qualify as a material and substantial change:
- The parent paying child support has a new job or has lost their job or perhaps has received a substantial raise.
- The parent paying child support has a new baby.
- A child has reached the age of twelve or older and has voiced their desire to reside with the other parent.
- The parent that had primary, has relinquished that right by placing the child with the other parent, for at least 6 months.
- A parent has a new paramour that is unsafe for the child and continued contact with that person is not in the child’s best interest.
- A parent is involved in a new criminal activity such as a DWI/DUI, Assault, etc.
- A parent is using illegal drugs or abusing alcohol.
- A parent is abusing and/or neglecting the child.
- A parent with mental illness will no longer take their medication as prescribed which has caused an impairment that has or could be dangerous for the child.
- You and your ex have agreed to a change in primary and child support payments because should you fail to modify the court order regarding child support, you could still be liable for the support at a later date.
This list is not conclusive but a few of the issues that could warrant a modification.
If you believe that your order needs to be modified, please don’t hesitate to call the Law Office of Leigh Ann Schenk.
What do you do if your ex is not performing as stated in the final order? You may be able to file an Enforcement action as a result of any of the following actions:
- Refusal to pay court ordered child support.
- Refusal to pay court ordered share of out of pocket medical and or dental expenses.
- Withholding of the child during your period of court ordered possession.
- The primary person moves outside the geographical restriction in the order. (If you did not get a geographical restriction in your order, you might want to modify that order before the primary parent relocates to another state or county.)
- Refusal to co-parent by not consulting as per the final order.
These are just a few actions that could be enforceable but the list in not conclusive.
If you believe that your rights are being trampled, don’t just sit there and take it, call Leigh Ann today!