Modifications

Divorce decrees and custody orders are presumed to be final once entered by the court unless they are appealed. However, with time, circumstances can change, and the initial terms of a decree or custody order may not work for or meet a party's needs or their children's needs. When changed circumstances are substantial, a party may file to modify an existing court order or decree. Support orders (child support, medical support, alimony, post-secondary education), custody provisions (legal or physical), or visitation terms are modifiable. A court may not modify a property division or a judgment.

Child support obligations can be modified when a party's income changes, depending on the circumstances surrounding the change. A party may lose a job or obtain a better paying job. When permanent changes in income result in a ten percent change in a child support calculation under existing Iowa Child Support Guidelines, the court may modify the monthly support obligation. Suppose a parent no longer has affordable health insurance coverage for the children. In that case, a parent may file a modification to require the other parent to provide the insurance, and the child support may be adjusted to account for the change in coverage.

Changes in employment may also impact a party's ability to pay spousal support or alimony. Medical conditions or employment changes may affect one's need for alimony or spousal support. There is no formula to calculate alimony, but significant changes in circumstances may justify a modification of a monthly amount of alimony or termination of spousal support altogether.

When a parent relocates, parties may file to modify weekly, holiday, or summer parenting time or visitation or add transportation provisions so they can ensure contact with children across the miles. When conditions have so materially and substantially changed since the order that established physical custody, a parent may seek to modify a child's custody. A court does not consider custody modifications lightly, and there are multiple legal hurdles to clear for a parent to modify physical custody of a child.

CashattWarren attorneys can assess the strengths and weaknesses of modification, looking at existing court orders, and gathering the necessary information to give an opinion in your case. When you have reasons to modify, but the circumstances are not yet ripe for modification, you need to know it, and we give that critical feedback. Modification cases can be difficult, and you want an attorney to guide you on what needs to be present, so you are in a position to succeed in your modification when it is time to file. And, if the evidence does not support your former spouse or partner's request to modify the terms of a decree or order, our team at CashattWarren will establish a clear path to defend against that modification.

Let us know about your situation and schedule an initial consultation with the CashattWarren team today by calling us at 515.421.9290.

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