◊ Modifications

Life goes on after divorce.  Facts and circumstances change.  Earning power and financial needs change.  What is in the best interest of the children can change. After the divorce is over, and the decree has been entered, the Court  will retain subject matter jurisdiction over the issues of child custody, visitation, support and spousal support.  Upon a showing of “substantial change of circumstance” the Court can modify (change) the custody, visitation and/or support.  The party wanting the modification has the burden of proving the change in circumstance.  The Court will not quickly or easily modify the decree, but if shown a substantial change, the Court will grant a modification.  The number one source of information that a former spouse can use to seek an increase in child support comes from a father talking about his new raise or promotion.  The Court will not modify property and debt division without a showing of intentional fraud.