Articles & Resources

June 2020 Family Law

Posted by T. Jake HinkinsJun 02, 20200 Comments

We created this firm in order to help people to overcome life's legal obstacles. There are lots of obstacles that occur in everyday life. People have difficulties and problems and they often turn to those who have increased knowledge or expertise in whatever area it is that they're struggling in order to overcome those obstacles and those problems.

During this time, it becomes more and more apparent how important it is to have people as a team around you. During this time of Corona Virus we've seen people who have stepped up, certainly our first responders, and are doing their part in order to keep everyone safe and to help everyone. That's really what this world should be about, helping other people around you.

We're grateful that we have the ability, knowledge and expertise to help people in that legal area where some people may struggle and we're here to be a resource for that.

Sometimes people have questions about when it's appropriate or how they can come in and modify child support. If you're modifying child support within a three-year period from the time that your decree was entered then you have to show that there's been a substantial change of 30% or more in order to be able to modify that child support amount.

After three years it's a little bit easier and you can actually do it by motion instead of having to petition the court to modify the child support. You can go in, show the difference in the income and have that set out as to what child support should be based on the party's new income. Inside of the three-year window there's more that you have to show.

If you believe that your spouse's income has substantially changed you could come in and file and do some discovery to get the information that you would need in order to prove that case.

We often have clients come in who want to know what they would need to show in order to change custody. They may have a certain custody arrangement that's been finalized in a divorce or in a paternity order and now they want to come in and change that.

So, the first thing they have to do is show that there's been some substantial change in circumstance that wasn't anticipated at the time of the divorce or the time that the paternity order was entered. Often, that can be a difficult burden. But, if you can overcome that then the court's just looking at what's in the best interest of the children.

If you are trying to completely flip custody then oftentimes you would need a custody evaluation. You would need somebody, an expert, to come in and look at the situation and say why a change would be in the best interest of the children. If you have that then there's a good possibility that you're able to come in and change custody. If you don't have that then it's a harder battle because you have to show the court why this change is in your children's best interest versus what's already happening.