Modification of Child Support, Custody and Alimony in Hawaii – Oahu
Honolulu HI Support Modification Lawyers – Family Law Attorneys
When you are engaged in a divorce proceeding in the state of Hawaii it is important to recognize that the day when the divorce becomes final may not be the last time you have to address the specified terms of the divorce. We are all aware of the fact that things change as time goes on, and changing circumstances can warrant modifications of the terms, and these terms can actually be modified more than once. The aspects of the divorce decree that are subject to modification include financial matters like child support and spousal maintenance, but in some cases, child custody agreements or orders can also be modified.
To take a look at child custody modifications first, mention of this matter may bring to mind instances when the custodial parent is not providing a standard of living that is in the best interests of the child or children involved according to the non-custodial parent. This does indeed happen at times, and in such a case the non-custodial parent would have to petition the court for a modification and present proof of a material change in circumstances. However, there are also child custody modifications that both parents agree to, and these come into play under a number of different circumstances. These would include instances when a parent needs to relocate, or when a child decides that he or she would rather live with their other parent at some point and both parents agree that it is a good idea.
Child custody modifications are possible, but they are certainly not inevitable. On the other hand, modifications of child support are almost a given because the needs of the child or children are naturally going to increase as they get older, and the financial situation of the respective parents is usually going to change as well. In Hawaii a custodial parent who is receiving child support payments can request an increase every three years if no change of financial circumstances is present. But there is no timetable for making such a request when there is indeed a substantial financial change of circumstances.
Spousal maintenance payment amounts can also be modified if there is a significant change of circumstances, and this is something that can be agreed to privately between the parties involved or decided by the court when no agreement can be reached.
For more information about modification of child support, custody and alimony, get in touch with an experienced Honolulu divorce lawyer to schedule a free consultation.