Changing a Court Order or Agreement

Orders and agreements are made for the circumstances that existed at the time. Life moves on.

When a change is possible. The test is a material change in circumstances — something significant that was not foreseen when the order was made. Common examples: a job loss or a large raise, retirement, a child finishing school or moving between homes, a parent relocating, a new health problem, or a parenting schedule that no longer works as the children grow.

Support changes. Child support is meant to track income. If the payor's income has changed materially, in either direction, the amount should change too, and I can calculate what the new figure ought to be before you spend anything on court.

Parenting changes. A change to parenting time or decision-making has to be shown to be in the child's best interests, not merely more convenient for a parent.

By agreement or by motion. Where both of you accept the change, I prepare an amending agreement or a consent order — quick and inexpensive. Where you don't, I bring a motion to change in the family court. I will tell you honestly which is realistic.

Arrears. If support has fallen behind, that is a separate problem with its own rules. Call sooner rather than later.