Modifying Child Support and Custody Orders in Toledo, Ohio: When Circumstances Change
July 11, 2023
Life is constantly changing, and sometimes you need your current child support and custody agreement to change alongside it. Child support and child custody are based on several factors, such as each parent’s income, the child’s needs, and the best living situation for the child. When circumstances change, you need a trusted Toledo, Ohio divorce lawyer to help you modify the current agreements to reflect what you need now.
Reasons a Judge Will Change a Custody Order
One of the biggest reasons for changing a physical custody order is when one parent moves. Although moving will not automatically change child custody, the court will usually consider it a valid reason to reconsider the current arrangement. This is usually because the move will place a major burden on the other parent and make it difficult to continue the current schedule, or the relocation will have a significant negative or positive effect on the child’s life. In some cases, the custody agreement can limit each parent’s ability to relocate with the child, such as forbidding a move outside a certain radius or requiring a certain amount of notice. If either parent is considering a move that will impact the current custody arrangement, they should contact their Toledo divorce lawyer for how to proceed.
Another reason a judge may change a custody order is if one parent is consistently refusing to follow the terms of the agreement. This may mean that one parent is refusing to allow time with the other parent, or that one parent is consistently refusing to accept their time, or a number of other issues. If this is the case, you will need to present evidence that proves that your co-parent is violating the custody agreement and that it is affecting the welfare of your child. An experienced divorce attorney in Toledo, Ohio can help you file the right paperwork to change the existing order.
Some cases may find that a change is needed for the safety of the child. If one parent is demonstrating signs of substance abuse, they may no longer be able to provide a safe environment for children. If your concerns are safety related, it’s important to act as soon as possible with the help of your attorney.
Reasons a Judge Will Change a Child Support Order
There are a few reasons why a judge may change a child support order, and these reasons may go hand in hand with custody as well. If a custody agreement changes and the percentage of time with each parent changes, child support may change to reflect this. In addition, children grow and change, and as they change, so do their needs. If a child develops a medical, emotional, or other need, that can impact child support. Education, activity, and childcare needs can also factor into the amount of child support needed.
In addition to the needs of the children changing, a parent may find that their circumstances change in a way that warrants a change in child support. If one parent experiences a job loss or promotion, their financial situation may be very different than it was when the agreement was initially ordered. Some of these changes can be temporary (during a job loss or a short-term emergency), while others may be long-term.
A Toledo, Ohio Area Divorce Lawyer Can Help
If you need a change in your child custody or child support order, you need to request the modification from the same court that initially granted the order. Even if both parents agree and put that agreement in writing, it still needs to go through the court system. If you and your co-parent cannot agree, you can request a hearing with a judge to make your case about the proposed modifications, and the judge will make the final decision. You will need the evidence of the change in circumstances to show the need for a modification, and your divorce lawyer can help you gather all the documentation you will need.
Finding a Divorce Attorney in Toledo, Ohio
Look for a divorce attorney in Toledo, Ohio that has experience in modifying child support and child custody arrangements. When you meet with them, they should be able to give you a basic outline of the process, what they anticipate your results will be, and how you should proceed.
When you have a trustworthy divorce attorney on your side, you can get the best possible result when you look to make changes to your current child support and child custody order. Remember that you are looking out for the well-being of your child, and always keep that in mind when you determine how to proceed. If you’re going through a divorce and have questions about changing your child custody or support arrangements, contact my office today.