Family court orders from a divorce or separation must be followed and can be legally enforced by the court. However, they are not unchangeable. The court knows that a family’s life can change and allows for modification in certain circumstances. Orders like spousal maintenance, child support, child custody, and a parenting plan can be altered when needed. This process is easier to navigate with a skilled Kansas City modification attorney.
When Can You Modify a Family Court Order?
Not all family court orders can be modified. The division of property that happens during divorce is final. Other orders in a divorce or separation case can be modified.
These modifications do not always require a lengthy court process. If the ex-spouses or parents agree on a change to the modifiable orders, they can submit this modification to the court. The court will review these changes to determine if they are reasonable and fair. If the order affects children, then the court will also ensure it is in their interests.
When ex-spouses or parents disagree on a potential modification to a family court order, the change must be taken to the court. For the court to consider and approve the modification, there must be a material and significant change in circumstances relevant to the court order.
Modifying Spousal Maintenance
The family court assigns spousal maintenance fairly and equitably to both spouses. For a modification to spousal maintenance to be made, there must be:
- A material and continual change in circumstances relevant to the court order or circumstances stated in the order that allow for a modification to occur
- Consent from the paying spouse if the modification would increase the amount of maintenance they are required to pay
A relevant change in circumstances is typically finance and/or employment-related. Either spouse may have received an inheritance or made significant asset acquisitions in some other way. Either spouse may have lost their job or had a significant increase or decrease in income. Either spouse may also have increased needs like medical costs.
Modifying Child Support
Child support orders can be modified in two circumstances: either three years have passed since the order was created or last modified, or there has been a material change in circumstances. The court deems this an appropriate period for modification to be necessary to meet a child’s changing needs.
If three years have not passed and a parent wishes to modify child support, a relevant change in circumstances could include:
- The child’s age group is different, meaning they have turned six or 12
- The custody order has been modified
- The income of either parent has changed and would affect the support payments by 10% or more
Modifying Child Custody and Parenting Time
Child custody and parenting time can be modified when a material change in circumstances has happened. However, there is no modification that will take primary custody from one parent and give it to the other unless there are extraordinary circumstances demonstrated under sworn testimony.
Parenting time is easier to modify than custody orders. Parenting time can be modified whenever it is in the interests of the child. It is more difficult to modify custody orders because the court presumes that a stable arrangement is in the child’s interest. While the exact material changes may differ, some that may allow parents to modify custody or parenting time include:
- One parent is continually interfering with the current custody and parenting time arrangement without cause.
- The child is residing in an unsafe living environment for reasons such as neglect, substance abuse, domestic violence, or child abuse.
- Either parent wants to relocate
- A parent can no longer care for their child’s basic needs.
FAQs
Q: How Do You Modify Custody in Kansas?
A: To modify child custody in Kansas, there must be a material change in circumstances that makes the current order no longer in the child’s interests. This may include one parent wishing to relocate, a custodial parent no longer capable of caring for their child’s needs, or a custodial parent providing an unsafe living environment. An experienced custody attorney can review your case to determine if you have the grounds for a modification.
Q: At What Age Can a Child Refuse to See a Parent in Kansas?
A: A child is only allowed to legally refuse to see a parent in Kansas when they are 18 years old. Before they turn 18, the court will consider a child’s wishes while creating or modifying the custody and parenting time orders. However, the court does not have to adhere to a child’s wishes, though it is more likely to listen to the wishes of an older or more mature child. The court will always prioritize a child’s interests.
Q: What Is an Example of a Change in Circumstances?
A: An example of a change in circumstances can vary based on a state’s laws, the opinion of the family court, and the type of order being modified. Modifications to child support or spousal maintenance rely largely on financial changes in circumstances, such as one parent losing a job or obtaining a significant raise. Child support can also be modified if child custody is changed. Custody and visitation orders can be changed as a child grows up and their needs change.
Q: When Can You Modify Child Support in Kansas?
A: You can modify child support in the following cases in Kansas:
- There is a material change in circumstances relevant to child support or
- More than three years have passed since the order was made or modified.
This enables support orders to be modified to support a child’s changing needs as they age. If a change must be made before three years, there must be a change in circumstances, such as a change to the custody order or a financial change.
Supporting Your Family’s Needs
If you need help requesting a modification from the court, whether you and your ex-spouse or co-parent are in agreement or not, legal support is crucial. Contact Stange Law Firm today to see how our attorneys can help you.
