If you have an existing court order, any modification must be made by a court. Agreements made by the parties among themselves aren’t enforceable. This means, for example, that if you agreed to a lowered amount of payment without court ratification and your ex-spouse went to court and sued for the full amount, you would be liable for the shortfall and still owe the full amount of the current payments.

At GILL Law Practice, clients are guided through the modification process by attorney Harry Gill.  We help clients understand their rights and how a modification can be obtained that is binding and enforceable. Contact us today to learn more about the services we offer.

Modifications of Alimony and Child Support

By statute, court-ordered alimony and child support may be modified after a divorce unless the court order divorcing the parties contains a prohibition against modification. The party seeking relief must make a showing of “substantial change in circumstances” of either party. Regarding modification of child support, there is a rebuttable presumption that any deviation of less than fifteen percent from the child support guidelines is not substantial and any deviation of fifteen percent or more is. The most common reasons for alimony and child support modification are changes in the income of one of the parties. There is a substantial body of case law and litigation seeking the modification of court-ordered child support and alimony and each case is determined on its own facts. Be aware, though, that generally a court order will be necessary even if the divorce judgment provides for an automatic termination of alimony upon cohabitation. Therefore, it is important to work with an attorney experienced with modifications to determine the appropriate, favorable precedent applicable to your particular circumstances.

Cohabitation as a Reason to Modify

A Superior Court in Connecticut may suspend, reduce or terminate the payment of periodic alimony upon a showing that the party receiving the periodic alimony is living with another person under circumstances which the court finds alter the financial needs of the cohabiting party.

Child Custody Modification

Another type of modification that is frequently sought is a change to a standing Child Custody or Visitation order. The court must approve any changes, including relocation issues that arise when a parent makes a request to move or take a child out-of-state.

Please Contact us today to confidentially discuss your divorce and family law needs.
We offer a free 30-minute initial consultation.