Indianapolis Modification Lawyers

When dealing with unfamiliar legal territory, it can quickly become stressful and confusing. If a legal agreement needs to be altered for some reason, most people are unsure of how to even start the process of amending something as serious as child custody or alimony agreements.

The best place to start is speaking with modification lawyers since they are familiar with the ins and outs of making changes to legally binding documents.

What Is a Family Court Modification in Indiana?

A modification is a court-approved change to an existing court order, such as child custody, parenting time, child support, or alimony. In Indiana, you must file a petition and show that the change is justified. Until a judge approves it, the current order stays in effect and must still be followed.

When a legally binding court order is put in place by a judge, the parties to the order are legally required to follow the agreement. However, there may come a point in life where the original agreement no longer works for the parties involved, or one of the parties is unable to meet the requirements of the court order.

If a court order needs to be changed to accommodate the changing needs of the parties involved, the change or new amendment to the agreement is called a modification. Since the rest of the legal document is still in effect, it is easier to modify it than to start the process all over in most cases. For example, adding a modification to an existing alimony order is easier than creating a new alimony agreement.

Common Reasons to Modify a Court Order in Indianapolis

There are several reasons why a court order may need to be legally modified. Since these are legally binding agreements, it makes sense that the reasons for a modification tend to be big, life-changing events in the lives of the people involved.

Modifications may also be made for smaller issues, but that scenario is less likely. Here are some of the most commonly modified court orders and reasons for the modification:

Alimony (Spousal Maintenance) Modification in Indiana

Alimony is spousal support where one spouse pays another, either by way of a prenuptial agreement or a court order. Indiana law refers to court-ordered alimony as spousal maintenance, and it is awarded only in limited situations. Someone may want to make a modification to this agreement for reasons such as being unable to make the payments due to a loss of income, changing the frequency of the payment due date, or any other changes to this legal agreement.

Since alimony is typically ordered by a judge, it is best to have a modifications lawyer assist with any changes. Some agreements also limit whether maintenance can be changed at all, so the exact wording of your decree matters.

Child Support Modification Lawyers in Indianapolis

Similar to alimony in that it is usually a monthly payment and ordered by the courts, child support is often modified for the same reasons as alimony. When there is an inability to pay due to a loss of income, asking for the order to be temporarily modified allows the paying parent a chance to find new employment without falling behind on support payments. Read more about modifying child support in Indiana after a job loss.

Child support may also be modified to change the payment schedule or to cover an increase requested by the primary parent in the event of rising childcare costs for the child.

Child Custody Modification Lawyers in Indianapolis

Child custody agreements change over time for various reasons. Some of the reasons may be simple, such as changing the time a parent with joint custody returns the child to the other parent, or they may be more substantial, like one parent asking for more visits with their child.

Whatever the situation may be, it is important that both parents agree to it as part of their official child custody agreement. Fathers who want more parenting time can also learn about our fathers’ rights representation.

Parents may also use the modifications process to make changes to their co-parenting plans, which are different from child custody. Child custody solely regards the arrangement of which parent has the child and when, whereas a parenting plan may outline other co-parenting details agreed upon by both parents.

What Indiana Courts Require to Modify a Custody or Support Order

Indiana courts do not change an order just because one parent asks. The standard depends on the type of order:

• Child custody: Under Indiana Code § 31-17-2-21, a court may modify custody only if the change is in the child’s best interests and there has been a substantial change in one or more of the factors listed in Indiana Code § 31-17-2-8. Those factors include the child’s age and sex, the wishes of the parents and the child, the child’s relationships, adjustment to home, school, and community, and the mental and physical health of everyone involved. Learn more about when you can modify child custody in Indiana.
• Parenting time: Indiana Code § 31-17-4-2 allows a court to modify parenting time whenever doing so serves the child’s best interests.
• Child support: Under Indiana Code § 31-16-8-1, support may be modified when there is a change in circumstances so substantial and continuing that the current terms are unreasonable. You may also qualify if the order is at least 12 months old and applying the Indiana Child Support Guidelines would change the amount by more than 20 percent.
• Timing: Support changes generally apply only from the date the petition is filed (Indiana Code § 31-16-16-6), so waiting to file can cost you money.

Common examples of a substantial change in circumstances include a job loss or major raise, a parent relocating, a change in the child’s needs or health, or a parent being unable to follow the current schedule. Courts may also look at evidence such as a custody evaluation or concerns like domestic violence. Every case turns on its own facts, so speak with a lawyer before you file.

What Does an Indianapolis Modifications Lawyer Do?

A modifications lawyer helps clients before and during the process of modifying a court order or legal agreement. If someone is looking to change a legal agreement, they most likely have questions, and a modifications lawyer will be able to answer these questions while guiding them through the process.

They will assist clients in gathering any necessary documents and forms required to ask for a modification. Modifications lawyers also represent the request and overall case to the judge, who will then decide whether or not to approve the modification.

It is worth keeping in mind that modifications lawyers practice under family law, so this type of lawyer will be knowledgeable about matters pertaining to modifications such as alimony, child support, child custody, and other related legal matters.

Has your situation changed since your court order was entered? Talk with an Indianapolis modifications lawyer about whether you qualify for a change to custody, parenting time, child support, or alimony. Call 317-785-1832 or request a consultation online.

Do Child Custody or Child Support Modifications Need to Go Through the Courts?

Yes. In Indiana, custody, child support, and alimony changes only take effect when a judge approves them. Even if both parties agree, the agreement should be filed with the court so it is enforceable. Informal or verbal arrangements do not change the official order.

Modifications of legally binding agreements, including alimony payments, child support, and child custody, must go through the courts in order for the modification to be legally approved and recognized.

For example, if you and your ex-spouse verbally agree you can stop alimony payments until new employment is found, your ex-spouse could say they never agreed to that arrangement, and the courts would have to go with the agreement on file. This could lead to failure to pay fines or other legal troubles.

The bottom line is that any legal arrangement court-ordered should be modified through the courts in order to be legally binding. It is the only way to protect yourself and ensure the agreement stays intact as a legal contract.

If you are unsure if the modification needs to be part of the contract or agreement, consulting a modifications attorney may be the first step to avoid future legal trouble.

Our Indianapolis Modification Lawyers Are Here to Help

When dealing with a court-ordered agreement, it is always best to make sure you follow all necessary legal rules pertaining to the divorce agreement.

An experienced modifications lawyer will be able to offer legal counsel on this essential family law matter. Let us help you make the modifications to your agreement less stressful by calling us at 317-785-1832 today.

Our Indianapolis office serves clients throughout Marion County and the surrounding area, including Lawrence, Castleton, Fishers, Carmel, Noblesville, Greenwood, and Avon. If your original order was issued in another Indiana county, call us. In many cases we can still help you file a modification there.

The Law Office of Deidra N. Haynes LLC 9785 Crosspoint Blvd, Suite 104, Indianapolis, Indiana 46256 Phone: 317-785-1832 Email: receptionist@dnhlawllc.com Get directions

Frequently Asked Questions About Modifications in Indianapolis

What is the standard to modify child custody in Indiana?

Indiana courts may modify custody only if the change is in the child’s best interests and there has been a substantial change in one or more of the factors listed in Indiana Code § 31-17-2-8.

Can I modify child support after losing my job?

Yes. You can ask the court to modify support if your change in income is substantial and continuing, but changes generally apply only from the date you file. Filing promptly protects you from falling behind. See our guide on modifying child support after a job loss.

Can I stop paying alimony without going to court?

No. Unless a judge approves a change, the existing order remains in force, and missed payments can still count against you. Contact an Indianapolis modifications lawyer at 317-785-1832 before you change what you pay.