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There are times when modifications to certain court orders resulting from divorce are necessary. The most common are child support modifications and spousal maintenance modifications. The reasons why individuals tend to request that these two things be modified have to do with changes in income and in circumstance.
If you need to request a modification or you wish to challenge a modification request made by the other party, our Duluth child support modification attorneys and spousal maintenance modification attorneys can help you. We can represent you in the matter to help you get the result that you seek.
The court may modify a spousal maintenance order if there has been a change in the circumstances of either party. A change in circumstance could make the existing order for spousal maintenance unfair or unreasonable. Common reasons for modifications of spousal maintenance include:
The person who requests the modification has the burden of proof that the maintenance order needs to be modified. The request for modification may be made retroactive from the date that the motion for modification is served.
Just like with spousal maintenance, a request may need to be made to modify child support for much of the same reasons. However, the differences are:
Modification can be justified when the new circumstances make the old order unfair. It can be unfair if the current order would be changed by at least 20 percent after the guidelines were applied or at least $75 higher or lower per month. This also applies to income changes of 20 percent or more and if the child lived in a foreign country at the time of the original order but they no longer live in the foreign country. When various elements have been established, the court can make their decision of whether or not to approve or deny the request for modification. You and your Duluth family law attorney can work together to address the modification request so that the appropriate result can be had.
After child support and spousal support have been established, modifications can be requested when circumstances change. If you have had a change in income or another factor has changed, it is important to contact your family law attorney to discuss your options regarding requesting modification. To learn more about how the Benjamin Kaasa Law Office, PLLC can help you, call 218-464-3397 for a consultation.