A modification is a legal process that results in a change to a court order or a document which was agreed upon by both parties. Things that are generally modified include custody agreements or orders, maintenance (alimony), and child support.

In a custody agreement you might want a modification if the other parent is exposing your child(ren) to alcohol, abuse such as physical or mental.  A modification may be requested when one of the party moves or to make a permanent change as to where the child(ren)’s primary place of residence.  Some people want a modification because they have overcome substance abuse and now want to be involved in the lives of their child(ren).

As for a modification to a dissolution (divorce), one of the reasons for a modification would be to address alimony.  When an ex-spouse that was receiving alimony (maintenance) remarries and their home income increases substantially, a modification would ask the court to stop alimony since that person no longer needs maintenance from their former spouse.

One of the most common modifications that are filed is in regards to child support.   In the state of Kansas, once child support has been set it will remain at that same amount until it has been legally changed via a modification.  In order for a change to be acceptable there needs to be a substantial change in circumstances.  Child support could go up or down depending on the facts regarding a permanent change in income or incomes of the parties responsible for the child(ren)’s care.

RS Law works closely with our clients to help them plan for the future and take great care when finalizing a divorce, parenting plan and custody agreement to avoid the need to file a modification.  However, should a modification become necessary, we have the skills and knowledge of the laws associated with modifications and will work efficiently and quickly to make the changes needed.