Mississippi Family Law Attorney and Lawyer for Modification of Child Support, Child Custody and Visitation
Modification is the legal term which describes changing a court order relating to Child Support, Child Custody and Visitation . In order to prevail in a modification action, the moving party must show that there has been a substantial change in circumstances between the time of the order sought to be changed and the time of filing for the modification. When the requested modification involves a custody shift, the moving party must also show that the material change is adverse to the interests of the child and that shifting custody is in the child’s best interest. Shifting custody is not easy to do as a matter of law because cases handed down by the Mississippi Supreme Court over the decades have favored the uniformity and stability afforded by keeping children under the care of one parent in one location. The law disfavors multiple back-and-forth custody changes. Modification of child support is easier, legally, if one is trying to increase the support, rather than decrease it. However, decreases are allowed upon the showing of proper proof.
Some of the factors which are considered in modification cases (increasing or decreasing child support) are:
- The increased age of the child and the increased expenses that accompany increased age
- The rise in the cost of essential goods and services for the child (although a rise in consumer cost does not necessarily mean there will be an upward modification because the paying spouse has incurred such increased costs as well)
- The health of the child
- School expenses of the child
- Extracurricular expenses of the child, such as football, cheerleading, band, soccer, drama, choir, and the like
- Whether the income of the paying spouse has increased or decreased
- The assets of the paying spouse
- Whether the income of the receiving spouse has increased or decreased
- The assets of the receiving spouse
- Any independent income generated by the child
Some of the factors which are considered in custody modification cases are:
- The school performance of the child
- Whether the lifestyle of the custodial parent is adverse to the child’s best interests (such as, drug abuse, tobacco use, living with a partner without marriage, alcohol abuse, employment that keeps the parent away from home too much)
- Whether the child is being properly supervised
- The social skills of the child
- The mental and emotional health of the child
- Whether the child has undertaken a lifestyle of illegal drug usage, consumption of alcohol or tobacco
- Whether the child has begun consorting with persons of ill-repute
The Mississippi Supreme Court has handed down cases after cases over the decades which set forth the legal standards for modifications. Cases are handed down weekly. The Law Offices of Attorney John R. Reeves, P.C., has handled many many modification cases over the years of our practice. We know the law and we keep up with changes in the law. Your modification case is too important to risk with inexperienced or unpreparedness. Failure to make even one essential legal point can cost you your case.
Please contact us to arrange for a confidential consultation with an informed Mississippi Family Law Attorney and Lawyer for Modification of Child Support, Child Custody and Visitation.