Petition to Modify

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  • Notice and/or Service on Opposing Party

A Petition to Modify is a legal document filed by a party seeking to modify legal decision- making, parenting time, and/or child support obligations. Typically, a party may not modify an existing court order unless a year has passed since entry of the parties’ last order. However, depending on the individual circumstances of every case, a modification of a court order may be deemed appropriate inside of a year when a child’s physical, mental, moral, or emotional health is in danger. In all modification cases, a judge’s decision in granting or denying a party’s requests will be based upon a substantial and continuing change of circumstance and the “best interests of the child.” These factors can include but are not limited to:

  • Physical, emotional, and mental development of the child
  • Child’s age
  • Relationship of the child with each parent
  • Ability of the parent to support the child
  • Home environment
  • Time the child spends with each parent
  • Logistics
  • Schooling

For a party to modify a child support order they must show a “substantial and continuing change of circumstances. Typically, a change of 15% in the support obligation will qualify as a substantial change of circumstance.  Accordingly, a Petition to modify must clearly identify the filing party’s position as well as a detailed description of why their requests for modification are in the best interests of the minor child(ren) and/or a substantial and continuing change of circumstances.

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