Should I modify the decree to the new parenting plan schedule we agreed to?

Divorce attorney Jason BowmanQuestion:

I am spending more time with my child then was outlined in the parenting plan agreement due to a change in my work schedule. Is there a way I can modify the divorce decree so the new schedule and parenting time is accounted for?

If I’m spending more time with my child, can I file for a modification of child support?

Answer:

First let me preface my answer by stating that I am not licensed to practice in the state of Illinois, so my advice on divorce is limited. Cordell & Cordell does have divorce attorneys in Illinois that would be happy to discuss your case with you.

In most states, child support, child custody and parenting time are always modifiable. However, unless you and your ex are in agreement, you will need to make a motion with the Court to begin the process of changing the previous order.

In some cases, once a party moves the court to modify any of the above, usually the Court will request that the parties attend mediation to work it out on their own.

You should consult an attorney in your jurisdiction for advice on divorce to find out if you are able to modify and what you need to do.

 

Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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