When a court makes an initial ruling in a family law case, often one of the parents leaves the courtroom unhappy with the decision. Sometimes circumstances change for a parent, which require a modification of the judgment for custody, visitation rights, or child support. Below are a few common points you need to know about these processes when filing in Connecticut.

Common Questions Regarding Child Custody, Support, & Visitation Orders

What should I do if I lost my job and can't make payments?

If you lose your job, you will still have to pay child support, but you’ll have an opportunity to modify the order from the family law court. Payments will continue even when you don’t have an income because the court bases child support off of your gross income. This sum includes unemployment compensation and severance, and they will require you pull from these sources to make payments. 

To lower the cost of payments, you’ll issue a child support modification request to the family law court that handled your child custody case and to the other parent of your child. It can get denied if the court believes you are able to make the existing required payment with the means you currently have. If approved, your modification is likely temporary until you get a new job, but while you’re waiting for an answer, you’ll need to continue paying your existing child support to reflect that you’re serious about your responsibility and that your request is not a means of fleeing it. 

What can I do to increase visitation or change custody arrangements?

If you want to increase visitation or change custody arrangements, you should first contact the Family Services Office at your specific court to see if they can informally work out the issue. If not, you will need to file a motion for modification, which requires proof of substantial changes in circumstances since the orders were issued. 

What does the process for modification require?

To bring this issue back to a family law court in Connecticut, you will need to fill out these forms:

• Motion for Modification
• Affidavit re Children
• Financial Affidavit
• Appearance
• Fee Waiver Application (if applicable)

A court marshal will then serve these documents to the other parent of your child, but make sure to have copies for yourself as well. Once they’re served, you will mail the original motion of modification, the marshal’s return of service proving that the other parent received the documents, and the affidavit re children to file at the clerk’s office.

Finally, you’ll present your case in court. If you and the other parent have come to an agreement, you will need it in writing, and you will submit it to the judge for approval. If you don’t have an agreement, the court will hear the testimonies of both sides and make a ruling.

What is the difference between a modification and an appeal?

A motion for modification rides on the knowledge of substantial changes to your situation since the ruling. It can occur at any time as long as an appropriate amount of time has passed for the change to be feasible. For example, if a parent initially didn’t have a spare bedroom for their kid to sleep in and has now moved to a home that does, they will make a motion for modification of visitation to include overnight visits. 

On the other hand, you will appeal a ruling when you believe that the judge on your case made a mistake that resulted in an erroneous decision. It is also time sensitive—Connecticut law, for instance, states that you must file an appeal within 20 days of the final judgment; for probate appeals, they must occur within 30 to 45 days based on the case. The appellate court will then review the case and perform one of a few actions:

• Reverse a judgment
• Modify an order
• Confirm an error and send the case back to the lower court
• Reject that an error occurred

In either scenario for changing your rights as a parent, a family law attorney will be a substantial asset both with the logistics leading up to your court date and the plan for your testimony. Otherwise, you’ll handle the paperwork and the court proceedings on your own, running the risk of compromising the process by missing a step along the way or not knowing how to argue your case.

Making changes to your child support, custody, or visitation rights is a lot easier with a trusted attorney on your side. In Torrington, CT, parents dealing with this process turn to The Law Offices of Conti, Levy, and Salerno, LLC, to navigate the proceedings. With 75 years of combined experience, this firm combines extensive skill with accessibility for personalized legal counsel that you can depend on for your family law case. For more information about their full range of legal services, visit them online and call (860) 482-4451 to schedule a free consultation.