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Common reasons the court allows child support modifications

On Behalf of | Sep 16, 2023 | Custody and Parenting Time |

When Wisconsin parents of young children divorce, a child custody schedule is created that both are expected to follow. However, there are times when it’s warranted to ask the court to modify the original order. These are some of the most common reasons the judge will allow child custody modifications.

One parent has moved

A child custody order can be modified if a parent has moved far enough away that it would be impossible to continue the current co-parenting plan. For example, a parent gets a new job that requires them to be based in Europe; this would render the current order impossible to follow.

A parent has died

If a parent dies, the surviving one can appeal to the court to ask for custody modifications. Even if the surviving parent did not have custody, the death of the custodial parent might offer them a chance at gaining it. Unless it would be a danger to the child, the judge may consider changing the custody order so that the surviving parent can get full custody.

The child is in danger

Above all else, the court always takes into consideration what’s in the best interests of the child. As a result, if it’s found that the child is in danger being in the custody of a parent, the judge will be open to modifying the child custody order. In most cases, this happens when a parent is abusive toward the child or has serious problems such as ongoing drug or alcohol addiction. The order may also be modified if the child expresses fear of remaining in the parent’s custody.

The child’s expressed preference

Sometimes, the court will modify the original child custody order based on the child’s wishes. Older children who are 12 or over are deemed mature enough to know what they want; as such, the court will sometimes allow them to determine which parent they prefer to live with primarily or full-time.

Some circumstances make it necessary to modify your child support order. If you are successful, it could benefit your entire family.