Family Law

Your Trusted Modification Attorney in Indiana

When the Terms of a Divorce or Paternity Order No Longer Fit Your Life

Divorce decrees and paternity orders are not permanent in every respect. The financial circumstances, living situations, and family dynamics that existed when an order was entered often change significantly over time. Indiana law recognizes this reality and provides a legal process for modifying child custody, child support, and spousal support when circumstances warrant it.

The challenge is that modifications are not automatic. A party who needs a change must file a motion with the court, demonstrate that a qualifying change in circumstances has occurred, and make the legal argument for why the existing order should be adjusted. Without an experienced family law attorney in Evansville guiding that process, it is easy to file prematurely, underestimate what the court requires, or be blindsided by a modification motion filed by the other party.

Ziemer & Ziemer handles modification cases for both the party seeking the change and the party contesting it, across Vanderburgh, Gibson, Posey, and Warrick counties.

Our Approach

How Ziemer & Ziemer Handles Modification Cases

Financial Modifications: Child Support and Spousal Support

Child support and spousal support are the two areas that most frequently require modification after a divorce or paternity order is entered. Indiana courts apply a specific threshold for financial modifications: the party seeking the change must demonstrate at least a 20% change in the payer’s ability to pay or the recipient’s need for support. That threshold applies whether the request is to increase, decrease, or eliminate a support obligation. Changes that commonly meet this threshold include a significant job loss or income reduction, a substantial increase in the paying party’s income, a change in the child’s living arrangement, the aging out of one child from a support order covering multiple children, or a documented change in the financial needs of either party. The 20% standard is not always straightforward to establish, and the data supporting the calculation needs to be presented carefully. Ziemer & Ziemer prepares the financial evidence and legal argument required to meet that burden or to defend against a modification demand that does not.

Custody Modifications: When a Child's Circumstances Change

Modifying child custody requires demonstrating a substantial change in circumstances that affects the best interests of the child. Indiana courts set a high bar for custody modifications deliberately — frequent changes to a child’s living arrangement are disruptive, and the court takes that seriously. Changes that may qualify include a newly diagnosed medical condition or disability in the child, a significant deterioration in one parent’s ability to provide care, a relocation by one parent, documented evidence of harm or neglect, or a material change in the child’s needs that the current order does not address.

Changes in health, income, or the medical needs of either parent can also factor into a custody modification where those changes affect the quality of care a parent is able to provide. Ziemer & Ziemer evaluates the full picture of what has changed and advises clients honestly on whether the circumstances are likely to meet the court’s standard before any motion is filed.

Can a Modification Be Handled Without an Attorney?

Some parties attempt to file modification motions without legal representation, particularly when the change in circumstances seems obvious to them. Indiana courts still require the proper legal filings, the correct documentation of changed circumstances, and a hearing at which both parties can present their positions. A motion that is poorly drafted, filed without sufficient supporting evidence, or filed before a qualifying change has fully developed can be denied — and a denied modification can make it harder to bring the same issue back before the court.

The opposing party in any modification case will often have counsel. Going into that process without representation puts a client at a significant disadvantage, particularly when the 20% financial threshold needs to be calculated accurately or when custody modifications require building an evidentiary record around the child’s best interests.

Ziemer & Ziemer: Modification Experience from Both Sides of the Process

Prosecution-Side Knowledge of Child Support Modifications

Jay Ziemer served as a Deputy Prosecuting Attorney for Vanderburgh County with a specific assignment in the child support division. That experience gives Ziemer & Ziemer a direct understanding of how the state approaches child support enforcement and modification — knowledge that is directly applicable whether a client is seeking a modification or defending against one. Few private family law attorneys in Evansville have worked inside the county child support system at that level.

Representing Both the Party Seeking Change and the Party Resisting It

Life circumstances are constantly changing, and modification sometimes becomes a necessary legal action regardless of which side of the order a client is on. Ziemer & Ziemer represents clients who need orders modified to reflect new realities and clients who need to defend existing orders against modification requests that are premature, unsupported, or motivated by something other than a genuine change in circumstances. The approach is the same in either direction: understand the facts, apply the law, and move the case toward the right result.

Circumstances Change — Your Court Order Should Reflect That

Whether the goal is modifying an existing order or defending one, the outcome depends on how well the case is prepared and presented. Ziemer & Ziemer gives Evansville families the experienced, honest legal counsel they need to navigate the modification process with confidence.