Circumstances can change in the months and years after a divorce or custody case has been finalized. Substantial changes in a parenting time plan or in the financial situation of either party may be reason for one party to seek to modify an existing child support or spousal support judgment.
Whether you want a change in the current support judgment or need representation in relation to a modification motion filed by the other party, you may want to consult with an attorney at Jensen & Leiberan to receive legal advice about your rights and options.
Modification of Child Support
A modification of an existing child support judgment can occur because a parent has experienced a significant change in income, a child has reached 18 years of age and is no longer attending school, one of the parents has a new child from a new relationship, or there has been a change in the parties' parenting time schedule.
Depending on the circumstances of a case, a parent may seek a modification of an existing child support judgment by initiating a review of the child support judgment through the state Division of Child Support, or by filing a motion to modify child support in circuit court. By consulting with an experienced attorney, you can discuss which method of seeking a modification of child support is best suited to your case.
Modification of Spousal Support
A modification or termination of an existing spousal support judgment may be justified based on an unanticipated change in the income of the individual paying spousal support, or an unanticipated change in the health of either party. The remarriage of the party receiving spousal support is not always a reason for modifying an existing spousal support judgment. If you are paying spousal support, and your former spouse has remarried, you may want to consult with an attorney to see if you may have a case for modifying or terminating your obligation to pay spousal support to your former spouse.
If you have been served with a motion to modify or terminate your existing child support or spousal support judgment, you should contact an attorney immediately. If you do not respond to the documents that you have been served in a timely manner, you risk losing the opportunity to present evidence and to protect your legal rights.
For more information or to schedule an appointment with an experienced lawyer regarding modification of support in Oregon or Washington, please contact us online or call 503-641-7990 at our Portland law office. Our family law attorneys provide comprehensive representation in modification issues, including those involving modification of custody and parenting time.