A divorce judgment or parenting order may resolve the issues that existed when it was entered, but family circumstances rarely remain unchanged forever. Children get older, work schedules change, parents move, incomes rise or fall, and expenses that once seemed manageable may become difficult.
When an existing order no longer works, returning to court is not always the only option. Parents may be able to use the collaborative law process to negotiate changes to a parenting plan, child support order, or other family court order.
Collaborative Law Is Not Limited to Divorce
Collaborative law is commonly associated with couples negotiating their original divorce. However, the same process may also be used to address disagreements that arise months or years after a divorce, custody judgment, or support order was entered.
The parents do not need to have used collaborative law in their original case. Even if the divorce was litigated, they may agree to take a more cooperative approach to a later modification.
In a collaborative modification, each party ordinarily has a separate lawyer. The parties and their lawyers sign a participation agreement establishing the ground rules for negotiation and committing to make a sincere effort to resolve the dispute without contested court proceedings.
What Parts of a Parenting Plan May Need to Change?
Parenting plans that worked well when children were young may become impractical as the children enter school, participate in more activities, begin driving, or develop different educational or medical needs. A collaborative process may help parents discuss changes involving:
- Regular parenting schedules
- Holidays and school breaks
- Transportation responsibilities
- School and extracurricular activities
- Medical and educational decision-making
- Communication between the parents
- Technology and contact with the children
- Travel with the children
- Relocation or increased distance between the parents
- Expenses not addressed adequately in the original plan
The objective is not necessarily to determine which parent was right or wrong about the old arrangement. The parties can focus instead on what is happening now and what type of plan may work better for the children going forward.
Can Child Support Be Modified Collaboratively?
Parents may also use collaborative law to negotiate a proposed modification of child support. A change may be necessary because of a job loss, promotion, career change, altered parenting schedule, new childcare costs, health insurance expenses, or a significant change in a child’s needs.
The collaborative process allows the parties to exchange income, tax, employment, insurance, and expense information without relying immediately on formal discovery. Financial professionals may sometimes assist with complicated income, business interests, bonuses, self-employment earnings, or disagreements about household budgets.
However, parents generally cannot simply make an informal side agreement and assume that the existing support order has changed. Until a court approves a modification, the existing order may remain enforceable. A parent who begins paying a different amount based only on an oral understanding could face a later claim for unpaid support.
The Legal Requirements Still Apply
Collaborative law changes how the parties attempt to resolve the dispute. It does not eliminate the legal requirements for modifying a court order.
Depending on the jurisdiction and the issue involved, the parties may need to establish a change in circumstances or satisfy another statutory standard. A proposed parenting arrangement may also be reviewed under the best-interests-of-the-child standard. Child support provisions may need to comply with applicable guidelines or explain why a different result is appropriate.
Once an agreement is reached, the lawyers can prepare the necessary settlement documents and proposed modified order. Those documents are then submitted to the court for approval. The modification becomes legally enforceable when the court enters the new order.
Why Use Collaborative Law for a Modification?
Post-divorce litigation can quickly revive old conflicts. A relatively narrow disagreement about school nights, transportation, or support can expand into accusations concerning the entire history of the parties’ relationship.
Collaborative law can help contain the dispute. The parents can identify the specific provisions that are no longer working and concentrate on finding practical replacements. They may not need to renegotiate every part of the original judgment.
The process may also give the parties more control over scheduling and the pace of negotiations. Instead of preparing for depositions, hearings, and trial, the participants can use meetings to exchange information, identify concerns, and evaluate possible solutions.
This approach can be particularly valuable when the parents will need to continue communicating about their children for many years.
The Parents Do Not Have to Agree About Everything
Collaborative law does not require parents to begin the process in complete agreement. If they already agreed on every issue, they might need only limited legal assistance to document the changes.
The process is intended to help people who have real disagreements but are willing to negotiate honestly. Each parent continues to receive independent legal advice, and neither parent is required to accept a proposal that the parent or lawyer believes is inappropriate.
Neutral professionals may also be involved when useful. For example, a financial neutral may help analyze income and support questions, while a child specialist may assist the parents in understanding the children’s developmental needs without turning the process into a custody evaluation.
When Might the Collaborative Process Be Inappropriate?
A collaborative modification may not be suitable for every case. It can be difficult when one party refuses to provide financial information, intends to delay the process, consistently violates existing orders, or is unwilling to negotiate in good faith.
Concerns involving domestic violence, coercive control, intimidation, substance abuse, or a serious power imbalance also require careful screening. Protective measures may sometimes make constructive negotiations possible, but some circumstances require immediate court involvement.
The collaborative process is voluntary. If it ends without an agreement, the participation agreement generally requires the collaborative lawyers to withdraw before the parties proceed with contested litigation. The parties should understand that requirement before beginning.
Preparing for a Collaborative Modification
Before the first meeting, each party should review the existing judgment and identify the provisions that are creating problems. It may be helpful to gather calendars, school schedules, employment records, financial documents, childcare expenses, insurance information, and communications showing how the present arrangement operates.
The parties should also think beyond their preferred outcome. Identifying the underlying concern—such as consistency for the children, reliable transportation, financial stability, or fewer scheduling conflicts—may make it easier to develop solutions neither parent initially considered.
A Different Way to Address Changing Circumstances
An existing family court order should provide stability, but it should not force a family to follow an arrangement that no longer reflects its circumstances. When a modification is legally appropriate, collaborative law can offer a structured way to exchange information, receive independent advice, and negotiate an updated agreement.
Parents considering a modification should speak with a family law attorney about the legal standards in their jurisdiction and whether a collaborative process is appropriate for their situation.
The post Can collaborative law be used to modify an existing parenting plan or support order? first appeared on Collaborative Divorce Representation | Multi-State Collaborative Divorce Lawyers.
The post Can collaborative law be used to modify an existing parenting plan or support order? appeared first on Collaborative Divorce Representation | Multi-State Collaborative Divorce Lawyers.