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Modification Actions

Modification Actions

Modification of Parenting Time

Sometimes after a decree of divorce or legal separation has been entered by the court, the parties may want to change some aspect of the judgment. This is called a Modification. Usually, a property settlement cannot be modified after the final judgment is entered by the court. Things that are commonly modifiable are: child custody and parental visitation, child support and spousal support.
Grounds For Modification of Support or Parenting Time

In order to modify child custody, child support, or spousal support, the moving party must show that there has been a substantial, material and perminent change in circumstances since entry of the last judgment. Some common changes are: 1) For Child Custody: gross moral misconduct of custodial parent, custodial parent's neglect or endangerment of the child, de facto custody by non-custodial parent, improvement in the situation of the non-custodial parent, move by the custodial parent, failure of joint custody and the wishes of the child. 2) For Child Support: physical custody of the child has changed, the child's needs have changed, or the income of one or both parents has changed. 3) For Spousal Support: change in income of one or both parties, the increased need of obligee or the lack of reasonable efforts by obligee to become self-supporting.
Acting In The Child's Best Interest

The moving party must show that the modification would be in the child's best interests.  Schedule an appointment with one of the attorneys at Penrod | Swenson today to discuss the facts of your case.   Call 208.904.0075