Can a Child Support Order be Modified if a Parent Goes to Prison?
Full Question:
i want to know if it is possible to get sole custody of my son because his father just went back to prison on a violation of prole due to a domestic violance charge with his girlfriend right now we have joint custody and he is very behind on child support please help
04/11/2011 |
Category: Divorce ยป Modification |
State: Iowa |
#24613
Answer:
A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not typically modifiable by the court. It is final. Child support or custody may be modified if there is a significant change of circumstances. A parent going to prison for domestic violence may be such a change of circumstance to support a child custody modification. It will be a matter of subjective determination for the court, based on all the circumstances involved. The overall deciding factor for the court is the best interests of the child.
