Modification Attorney in Fairfield County, Connecticut
Child Support ∙ Alimony ∙ Child Custody
If you have an existing family court order, any modifications that need to be made must be made by a court to ensure the changes are enforceable. Informal agreements made by the parties outside of court are not binding or enforceable. This means if you informally agree to a lowered amount of payment and then your ex-spouse decides to go to court and sue for the full amount, without a binding court-ordered modification, you would be liable for the shortfall and still owe the full amount on your current payments.
At GILL Law Practice, clients are guided through the modification process by attorney Harry Gill and our support staff. We help clients understand their rights and how a modification may be obtained. Contact us today to learn more about the services we offer.
Modifications to Alimony and Child Support
Court ordered alimony and child support may be modified after a divorce, unless the court order divorcing them contains a prohibition against modification. The party seeking relief must make a showing of a "substantial change in the circumstances" of either party. With regard to the modification of child support, there is a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial.
Further, 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 should result in the modification, suspension, reduction or termination of alimony because the living arrangements cause such a change of circumstances as to alter the financial needs of that party.
There is 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. It is important, therefore, to work with an attorney experienced with modifications to find and advocate the appropriate precedent applicable to your particular circumstances.
Child Custody Modification
Another type of modification that is often sought by parents is a change to a standing child custody or visitation order. The court must approve any changes, including any relocation issues, which arise when a parent is requesting to move or to take a child out-of-state.
To schedule a free 30-minute initial consultation with experienced lawyer Harry Gill, contact GILL Law Practice at our Ridgefield, Connecticut, office today.
GILL Law Practice
38-B Grove Street
Ridgefield, CT 06877
Phone: 203-438-4449
Fax: 203-431-7839