HOW DOES MODIFICATION WORK?

Once you have determined that there has been a change in the income or financial status of either parent or in the needs of the child or children, then the smart thing to do is discuss your intentions with the other parent. Remember that this is a family business decision that you are making with the best interest of your children in mind, and emotions should be guarded here. An action for revision of judgment, or modification action as we like to call it, is a lawsuit just like any other lawsuit. A complaint is filed, a summons is served with the complaint on the adverse party, a hearing is normally set for a couple of weeks away seeking a temporary order for increase/decrease in child support to begin right away. There may, depending on the degree of resistance encountered from the other parent, be various discovery devices and other procedures associated with contested litigation, and so forth. Your attorney totally understands how to do this and will guide and help you so that this is less of a burden for you.

Contested litigation is generally not the best solution to modification issues, for there may be a variety of factors of a practical nature to consider, and this is more thoroughly developed in response to the next question. Ideally, the parents will arrive at an agreement between themselves or through their attorneys and have that agreement made the order of the court.

An action for modification may be brought at any time after a final order establishing child support, but after any modification order the party getting relief in that order must wait two years to bring another action for modification.

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