Family Law
At Downs Rachlin Martin PLLC (DRM), the experienced and dedicated Schoenberg Family Law team skillfully handles matters related to requests for Modification of Orders.
The Court can modify different types of Orders only after an Order is entered. If the Court has issued a Temporary Order in the areas of spousal support, child support, parental rights and responsibilities, possession of property or payments of debts, you may be able to modify the Court's order if real, substantial and unanticipated changes of circumstances occur after the Order was entered.
If you feel that a real, substantial and unanticipated change in circumstances has occurred, you must then file a Motion with the Court, requesting a modification and explaining what you believe the changes in circumstance are.
When moving to modify a Parental Rights and Responsibility Order (child custody order), it is difficult to change the children's primary home from one parent to another, unless you can make a strong argument that a change or modification of the custody order or parenting plan is in the best interest of the children or unless both parents agree to the modification.
For modification of a Child Support Order, a change is considered real and substantial if it would make the child support amount payable under the child support guidelines at least 10% higher or lower than the amount currently paid as per the current Child Support Order. This may occur when one of the following occurs:
In modifying a Final Order, the Court cannot change the Order regarding division of property and division of debts after the nisi period (a period of time during which something that has been done is to be valid unless something else is done to defeat it), regardless of real, substantial and unanticipated changes in circumstances after the divorce, unless there has been fraud on the Court. However, all other provisions may be changed if, upon motion, either party can show that a real, substantial and unanticipated change of circumstances has occurred since the Final Order.
Child support is ordered by the court pursuant to specific Child Support Guidelines and is usually determined by a review of the parties' current incomes and the child care and health insurance costs associated with the minor child(ren). However, the Court may adjust the amount of child support if the guidelines, as applied, are determined to be unfair to the child or any party.
The Vermont Office of Child Support website provides a useful tool that can be used to compile data related to a child support case and to obtain a recommendation for child support amounts. http://www.ocs.state.vt.us/OCS_Guidelines/OCS_External_Guidelines.htm
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Led by Debra Schoenberg, who is widely known in the field and is a frequent lecturer on complex family law topics, DRM’s family law team includes eight attorneys and two legal professionals offering sharp legal skills and comprehensive services in a broad spectrum of family law matters.
Keenly aware of the emotionally-charged nature of most family law issues, our family law team responds rapidly to clients’ needs, making every effort to ensure that you are informed about the status of your case and what steps are to be taken next.
To explore how the DRM Schoenberg Family Law group can assist you regarding a request for Modification of Orders, contact Practice Group Chair Debra Schoenberg.
Because we know that family law issues often can’t wait for "convenient" business hours, our 24/7 answering service can be reached during non-business hours at 802-860-8074. We respond promptly to messages left with the answering service.
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