If two parties have already received a Final Judgment of Dissolution or Final Judgment of Paternity, they may need to modify their Final Judgments as time progresses. The legal standard necessary to file a Petition for Modification is a “substantial change in circumstances.” If circumstances have changed since you obtained your Final Judgment, it may be very important to have your Final Judgment modified to reflect these changes as soon as possible.
For example, if you are making significantly less income than you were at the time of your Final Judgment, you have to file a Petition for Modification in order to seek lower payments. It is important to note that you will still be responsible for full child support payments at your previous income until your file a Petition. Additionally, many parties receive a credit in their child support payments for “substantial time” spent with the minor children. If that parent is not spending “substantial time” with the minor children, that parent’s child support obligation may need to be adjusted accordingly.