How Do I Change a Custody and Support Order?

If you have children and are divorced or separated from the other parent, you likely have a parenting time arrangement or a custody order in place dictating how you will share responsibility for your children. There may also be a child support order in effect requiring the non-custodial parent to pay support to the other parent who has primary responsibility for the children. If you have custody and support orders in place, you must abide by them or you face consequences including contempt of court, the loss of a driver’s license, the seizure of a tax return, the loss of a professional license, or even jail time.

There may come a time when the existing custody and support order no longer make sense for you and your family. When this happens, you cannot just change the amount of support paid and alter a child’s schedule. Instead, it is imperative that you go to court and have the orders formally changed. An experienced Las Vegas, NV divorce and family law attorney at Pintar Albiston can assist you throughout this process so you can ensure that you are protecting yourself and your children. Call today to schedule a consultation and learn more about how to change a custody and support order.

How to Change a Custody and Support Order

The process of modifying a custody and support order will vary depending upon whether both parents are in agreement that a change needs to be made or whether only one parent wants to alter the status quo. If you are both in agreement, then the process is very simply. You can simply petition the court, you will both attend a hearing and a new custody agreement will be created. Because child support is based on the amount of time each parent spends with the children, the support order should also be modified along with the custody order. This, too, is a straightforward process as the support due will be recalculated using the standard formula and factoring in the new parenting time split.

If you and the other parent disagree on the need to modify a custody and support order, then the process is more difficult. The parent seeking the modification will need to petition the court. A hearing will be scheduled. Each parent will be given the opportunity to argue for why the agreement should be changed, or should not be altered. In general, custody agreements will not be altered more than once every two years in order to provide continuity for the children. However, the parent seeking the modification will need to show that a material change in circumstances has occurred that necessitates a new custody and support order. The judge will consider what is best for the child. If it is decided that the custody agreement should be modified, the support obligation of the non-custodial parent will change accordingly.

An experienced divorce and family law attorney at Pintar Albiston can assist with the process of modifying a custody and support order. Call today to speak with a Las Vegas attorney representing clients on child custody and divorce issues.