Modifying or Terminating Support Provisions

It is common to modify or terminate support by showing that the circumstances have changed significantly. It is up to the person who wants to modify their IT support package to show that there have been substantial changes in circumstances.

The clauses which allow for modification of child support and maintenance payments upon showing a substantial shift in circumstances are subject to a variety of interpretations. Most commonly, a substantial change in circumstances must have occurred between the time the divorce judgment was entered, the Guest Posting order or other support order had been made, and when the petition to modify it was filed. The case law has generally held that the substantial changes in circumstances for an increase must be bilateral. Both an increase in needs or income of both the payor and recipient spouses are required.

If the petitioner can show a significant change in circumstances, then the court decides whether to modify or increase the award of maintenance using the same criteria as the original award.

They include: financial resources, marital property and standard of living during marriage. Age and physical and mental condition of both spouses.

In the same way, a child support award is also determined by the same criteria as if it were a child support petition. The factors that are to be taken into consideration include:

(1) the financial resources of an individual child

(2) The financial needs and resources of the custodial mother;

(3) the standard that the child could have achieved had the marriage not ended;

(4) The child’s physical, emotional and educational needs.

(5) The financial needs and resources of the parent(s) who are not the custodial parent.

After considering all the factors above, the court could deny or modify the modification petition, or may increase or prolong the support and maintenance, or reduce, or terminate, the support and maintenance.

Leave a Reply

Your email address will not be published. Required fields are marked *