Modification

Any order affecting children can be modified until the children reach the age of eighteen or graduate from high school. This includes custody, visitation, and child support. The legal standard required for anyone seeking a modification is that "there has been a material and substantial change of circumstances since the entry of the prior order" and "best interest of the child". With regard to child support, it can also be modified if it has been three years since the order has been modified and the monthly amount differs by 20% or $100.00 from the state guidelines. In order to modify custody within one year from the previous order, the moving party has the burden of establishing that the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development. Most modifications are governed by these standards, but there are other situations that may justify a modification and the attorney would need to address each circumstance.