Custody and Support Modifications

We’re here for you as your family’s needs change

While the family courts are usually accommodating with child custody and child support modifications as long as they are in the best interests of the child, you need to present your case in a manner that the family court judges will find persuasive. You don’t have to go through this complex process alone. Contact Klie Law Offices in West Virginia today to speak with a member of our legal team.

Why your divorce decree may need to be modified

• One parent’s income and resources change significantly, for instance, because of a career change, return to school, retirement, disability, or long-term unemployment.
• One parent intends to relocate a significant distance away, including outside the state of West Virginia.
• One or both parents remarry, perhaps also bringing stepsiblings or half-siblings into the lives of the children.
• A parent or child has significant health issues that affect childcare or visitation.
• Other issues relevant to the needs of the child.

When modifying child custody agreements, the court starts with the presumption that a relationship with both parents is ideal for the child (except in cases of abuse). The court can take into account the same criteria that are used to determine child custody in the first place, including the child’s needs, the parents’ schedules, each parent’s living situation, and the child’s stated preference (if old enough or mature enough to articulate a reasonable preference).

The court can also modify child support up and down to account for changes in income or cost of living. Some child support orders can be modified to automatically recalculate child support yearly, for instance, to account for inflation.

Spousal support (alimony) can also be modified in some circumstances, usually based on the financial situation of each spouse. The paying spouse can also seek a reduction in alimony payments on the basis of involuntary unemployment, disability, or retirement.