Modifications of Support or Parenting Time
Sometimes after a judgment of dissolution, custody or legal separation has been entered by the court, the parties may want to change some aspect of the judgment. This is called a Modification. Usually, a property settlement cannot be modified after the final judgment is entered by the court, however child child custody and parenting time visitation, child support, and spousal support can be modified.
Grounds For Modification of Support or Parenting Time
In order to modify child custody, child support, or spousal support, the moving party must show that there has been a substantial, unanticipated change in circumstances since the entry of the last judgment. Some common changes are: 1) For Child Custody: gross moral misconduct of custodial parent, custodial parent’s neglect or endangerment of the child, de facto custody by non-custodial parent, improvement in the situation of the non-custodial parent, move by the custodial parent, failure of joint custody and the wishes of the child. 2) For Child Support: physical custody of the child has changed, the child’s needs have changed, or the income of one or both parents has changed. 3) For Spousal Support: change in income of one or both parties, the increased need of obligee or the lack of reasonable efforts by the obligee to become self-supporting.
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Acting In The Child’s Best Interest
The modification of parenting time does not require a showing of a substantial, unanticipated change in circumstances. All that is required is for the moving party to show that the modification would be in the child’s best interests. Oregon stipulates that the court “…shall recognize the value of close contact with both parents and encourage, when practicable, joint responsibility for the welfare of such children and extensive contact between the minor children of the divided marriage and the parties
Requesting A Modification – Spousal Support & Parenting Time
Generally, the party that wants a modification must file a motion and supporting affidavit with the court where the last judgment was entered. The exception to this requirement is if the support award is being managed by the Oregon Child Support Program, a party can apply to the state to modify.
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