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Spokane Lawyers Ready to Help with Modifications in Washington State
Hodgson Law Office is dedicated to resolving clients' family law issues, from divorce to modifications. We understand that circumstances change, and these changes often need to be addressed in pre-existing family law orders.
Our team listens closely and carefully examines your situation to determine the appropriate modification options available to you.
Don't hesitate to give Hodgson Law Office a call. We also defend against unreasonable modification orders from parties seeking more than they justly deserve. Call today.
What Is a Parenting Plan?
A parenting plan establishes how much time a child spends with each parent. This document is crucial in divorces involving children but is not in and of itself a custody document. Instead, it provides, with specificity, a thorough breakdown of the amount of time a child will spend with each of their parents.
Some of the key provisions found in parenting plans include:
- Residential schedule provisions;
- Provisions related to holiday time;
- Visitation terms for the non-custodial parent.
Parenting orders, on the other hand, are court orders that give certain parties authority, control, or custody over a child. They can be used to modify an existing parenting plan and are always issued with the child's physical and emotional health in mind.
Major Parenting Plan Modifications
Major changes may include changes in physical custody, residence, and allotted visitation hours and times.
The courts understand the need for major changes but require petitioners to demonstrate one of the following:
- The change was decided by mutual agreement;
- The child is already integrated into the petitioner's household;
- The child is currently in a detrimental situation;
- One parent has repeatedly failed to comply with the final parenting plan.
Additionally, third parties petitioning for custody of another's child must also prove that:
- A material or substantial change has occurred in circumstances related to the parenting plan;
- The modification would best serve the best interests of the child;
- The benefits of the modification outweigh its downfalls.
The evidence used to prove the above must be clear. The courts will not alter a parenting plan with only allegations.
Minor Parenting Plan Modifications
A minor modification to a parenting plan is also allowed. Minor modifications do not represent substantial changes to the original parenting plan. As such, issues relating to custody and where the child spends the majority of their time are not appropriate for minor modifications of parenting plans.
Common minor modifications include:
- Changes relating to pick-up and drop-off locations;
- Minor time adjustments;
- Minor changes related to child transportation;
- Childcare changes, such as a change in provider or location;
- Minor residential changes.
Because these changes are minor, the threshold for obtaining a modification is much lower than for major modifications. Petitioners only need to show that a substantial change has occurred in the lives of one of the parties and necessitates a change in the parenting plan.
Schedule a Free Consultation with a Parenting Plan Attorney in Spokane
Do you need on-point guidance and representation in matters relating to parenting plan modifications and other family law matters? Give us a call for a free consultation today.
Free ConsultationModifications to Existing Parenting Plans in Spokane
To modify an existing parenting plan in Spokane, Washington, the parent seeking the change must show that some substantial change has taken place and that the change will truly be in the best interests of the child in question.
Because of the delicate and important nature of the modifications, the law requires the courts to be involved in all modifications.
In order to be successful with a modification, the party pursuing it must typically demonstrate one or more of the following:
- Both co-parents agree to the modification;
- The child has lived with the non-custodial parent for a substantial amount of time not called for in the parenting plan;
- The current terms of the parenting plan represent a danger or threat to the child's best interests;
- The parent not seeking the modification has been found in contempt of court for failing to obey the parenting plan or convicted of interfering with a current plan.
In some cases, one of the co-parents might request a modification in bad faith. When the court finds bad faith, they can require that the petitioner pay the attorney's fees and court costs of the other parent.
Child Support Modification
Parents may also seek modifications to child support orders when one or both have experienced substantial changes to their income or employment circumstances.
For example, the following situations may form the basis of typical child support modification petitions:
- Income reduction or augmentation;
- Changes in the child's health;
- Changes related to the primary custody of the child;
- Unanticipated changes resulting in more time with one parent;
- Birth of another child;
- Rising education and childcare costs;
- Incarceration;
- Any other relevant factors.
The courts are well aware that children's needs change as they age, as do the circumstances in which children live. Judges are more than amenable to the modification of a child support order as long as it is presented correctly and with sufficient proof of one or more of the above-listed factors.
When presented with a reason, judges will thoroughly review the reason during an adequate cause hearing to determine the legitimacy of the claim. For example, if a petitioner seeks a reduction in child support payments due to unemployment, the judge will scrutinize the request to determine whether the petitioner is willfully unemployed.
Modifications to Spousal Support
Orders for spousal support may also be modified. Spousal support refers to one ex-spouse providing regular support for the other. Spousal support awards may be given during and after divorce proceedings based on the current and prospective future of the parties.
Sometimes referred to as alimony, spousal support orders can quickly fail to be reflective of an ex-couple's circumstances when one or more occurrences take place, such as:
- Changes in employment or income, such as demotion, promotion, or job loss;
- Changes in child custody situations;
- Loss of a home;
- Residence changes;
- Receipt of a large inheritance;
- Mutual agreed-upon changes;
- Injuries or illness;
- The party receiving the support remarries or lives with another adult.
As with cases involving child support and parenting plan modifications, the court requires the petitioner to pursue modification in good faith or face penalties such as payment of the other party's attorney's fees and court costs and denial of the modification request.
Contact Spokane Modifications Attorneys for Legal Help
Our modification attorneys are here to help you sort through your modification problems. Call for a free consultation to get started today.
Free ConsultationWhy You Need a Lawyer for Modification of Prior Orders
A lawyer for modification of orders will help you through this complex, high-stakes process, keeping your best interests as their focus. During your consultation, they will review your case to determine whether a modification would be allowable. From there, they will set about obtaining the results you desire in your modification petition.
Without an attorney, you must build and present your case for modification before a judge who requires strict adherence to procedures and appropriate evidence.
Your attorney will save you time and significantly increase the odds that your petition for modification will be granted. Although no result can ever be guaranteed in most legal cases, having an attorney representing you will raise the likelihood of success in your case.
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