A supplemental Petition for Modification is filed when there are substantial changes that take place following the entry of a Final Judgment. These changes make it necessary to change the contempt of the Final Judgment and it is necessary to Petition the Court to make these changes.

Financial circumstances often result in a Petition for Modification to lower or increase a person’s obligation to provide or receive support. One person’s large decrease in earnings will result in that person wanting to pay less child support or alimony. Additionally, if there are multiple children and any of the children become legal adults, or become emancipated, then there are less children to support. This is a clear basis to seek a reduction in child support. If one of the parties becomes highly successful and is earning more money, then it is the obligation of the parent receiving support to Petition the Court to seek additional support.

Custody and timesharing are also issues, which can be modified after the entry of a Final Judgment. One parent can seek additional time based upon new circumstances and even seek to have the child or children live with them based upon a substantial change in circumstances. This may occur if a child is abused or if the primary residential parent has problems in their home such as domestic violence or substance abuse. The non-residential parent must petition the Court to make this change.

Often a change in the primary residence of the child or timesharing may result in a reduction to provide support. Therefore, a Modification can seek both to modify timesharing and Custody and also seek to modify support under a particular set of facts.

Please contact me if you have questions regarding Modification.