Modification in Idaho

Modification - What is it and What Does it Mean?
Modification refers to changing an existing court order.  It most often refers to changing the custody or the child support order.  There are certain requirements necessary to qualify for a modification.  For example, if you wanted to modify the existing custody arrangement, you would have to show that there has been a permanent and substantial material change in circumstances.  This allows continued consistency for the children and prevents changing the order simply because one party is unhappy with the arrangement. 

A child support order can be modified when there is a change in income.  This change would be expected to occur when one party gets a new job or is promoted.  The original rules, however, still apply and that is you cannot be voluntarily unemployed or under-employed.


When you modify an existing order you can do it in different ways.  You can do it by agreement.  Both parties attorneys will present the court with a stipulation and the judge will sign a new order.  If the other party does not agree with you and wants to fight the modification you will go through a hearing process.  Your attorney will present evidence as will the lawyer on the other side.  The judge will weigh the evidence and make a decision based upon this.  For child support, your attorney will run the income amounts through the child support guidelines and come to a new support amount.



Can a divorce be modified?  A divorce will not be modified, rather certain situations under a divorce will be, such as custody or child support.


What if a party to the divorce is not complying with the terms of the divorce?  This would fall under the matter of contempt.  When you are ordered by the court to do something and you don't you can be held in contempt of court.  Your divorce attorney will file a motion for contempt and you will go to court to show what the other party was supposed to do and how they did not do it.  The other party, by themselves, or through their divorce lawyer, can try and show why there actions were not contempt.