Is there a difference in procedure for a motion to change support versus a motion to change parenting time?
The basic motion to change process is the same regardless of whether it deals with support or parenting time — both require showing a material change in circumstances since the existing order or agreement, and both proceed through the same general Family Law Rules framework. What differs in practice is the kind of evidence that matters: a support-focused motion typically centers on financial disclosure, such as updated income information or shifts in a child's expenses, while a parenting-focused motion centers on evidence about the child's needs and how each parent's circumstances have changed since the existing arrangement was made.
Because parenting disputes often involve more subjective, fact-intensive evidence about the child's day-to-day life and well-being, these motions can sometimes take longer to resolve or may be more likely to require an assessment than a straightforward support recalculation based on updated income figures. Some cases involve changes to both support and parenting time at once, requiring both kinds of evidence in the same motion. Anyone bringing either kind of motion should focus their materials on the specific evidence that actually matters to that type of claim.
Key takeaways
- The same motion to change framework applies to both support and parenting time changes.
- Support motions focus on financial disclosure; parenting motions focus on the child's circumstances.
- Parenting-focused motions can be more fact-intensive and sometimes take longer to resolve.
- Some motions address both support and parenting time together, requiring both kinds of evidence.