Westfield Modification Attorneys — Custody, Support & Parenting Time Changes | Free Consultation

Life changes. Your court orders should too. Our husband-and-wife attorney team has over 45 years of combined experience helping Westfield families modify custody, child support, spousal maintenance, and parenting time orders when circumstances change.

45+
Years Combined Experience
1,000+
Families Served in Hamilton County
Husband & Wife
Attorney Team — Both Perspectives
Free
Initial Consultation

Can I Modify a Custody, Child Support, or Parenting Time Order in Westfield?

Yes. Indiana law allows courts to modify existing family law orders when there has been a substantial change in circumstances. For custody modifications, you must show a substantial change in at least one of the statutory best-interests factors under IC 31-17-2-21. For child support, modification is available when circumstances have changed enough to make the current order unreasonable, or when the existing amount differs by more than 20% from the Indiana Child Support Guidelines under IC 31-16-8-1. Parenting time, spousal maintenance, and other orders can also be modified when justified. Westfield families file modification petitions in the Hamilton County Superior Court in Noblesville. Our attorneys can evaluate your situation during a free consultation and advise you on whether your circumstances warrant a modification petition. Call (317) 969-8000 today.

Why Westfield Families Choose Emerson Divorce and Accident Injury Attorneys for Modifications

Deep Hamilton County Experience: With 45+ years of combined experience practicing in Hamilton County courts, we know how local judges evaluate modification petitions and what evidence matters most in Westfield family law cases.

Husband-and-Wife Team — Both Perspectives: JR and Jill Emerson bring both a mother’s and a father’s perspective to every modification case. We understand the emotional complexity and fight for what is best for your children.

All Types of Modifications: From custody and child support to parenting time, spousal maintenance, relocation disputes, and contempt enforcement — we handle every type of post-decree modification under Indiana law.

Convenient to Westfield: Our main office at 1 S Rangeline Rd in Carmel is just minutes south of Westfield on US-31, with additional offices in Fishers and Zionsville for your convenience.

JR Emerson and Jill Bracken-Emerson, Westfield Modification Attorneys

Meet Your Westfield Modification Attorneys

When your family’s circumstances change, the court orders that once worked may no longer serve your children’s best interests. Whether you need to modify custody, adjust child support, change parenting time, or enforce an order your co-parent is violating, the process requires experienced legal representation to navigate successfully.

At Emerson Divorce and Accident Injury Attorneys, JR and Jill Emerson are a husband-and-wife attorney team with over 45 years of combined experience representing Hamilton County families in post-decree modification cases. We have served Westfield families for over 20 years, handling cases involving custody disputes in neighborhoods from Centennial to Chatham Hills, child support recalculations for families affected by job changes along the US-31 corridor, and parenting time modifications driven by the evolving needs of children attending Westfield Washington Schools.

We offer free initial consultations to discuss your modification needs and explain our transparent hourly fee structure. Our office at 1 S Rangeline Rd in Carmel is a straight shot south on US-31 from Westfield — about 10 minutes from downtown.

Hamilton County Court Guide for Westfield Residents

Hamilton County Government and Judicial Center in Noblesville, Indiana

Westfield is in Hamilton County, so modification petitions are typically filed in the court that issued your original order. For most Westfield families, this means the Hamilton County Superior Court in Noblesville. If your original divorce or custody case was handled in a different county, the modification petition is generally filed in that court under Indiana’s continuing jurisdiction rules (UCCJEA, IC 31-21).

Hamilton County Government & Judicial Center

1 Hamilton County Square
Noblesville, IN 46060
Phone: (317) 776-9629

Directions from Westfield: Head east on SR-32 (Main Street) approximately 7 miles to the Noblesville Town Square, or take US-31 South to SR-32 East. The Hamilton County Government and Judicial Center is a three-story red brick building directly west of the historic courthouse. The drive from downtown Westfield is approximately 15–20 minutes. Free parking is available in front of the building and on surrounding streets. Security checkpoint at entrance — allow extra time between 8:30–9:30 AM.

A Message from Your Westfield Modification Attorneys

Watch JR and Jill explain how they help families navigate the modification process.

Why Choose Emerson Divorce and Accident Injury Attorneys for Your Westfield Modification

Know Hamilton County Courts

After 20+ years practicing in Hamilton County, we know how judges at the Hamilton County Government and Judicial Center in Noblesville evaluate modification petitions. This courtroom familiarity helps us present your case in the way most likely to succeed before your specific judge.

Both Sides of the Table

As a husband-and-wife team, JR and Jill bring both a mother’s and a father’s instincts to every modification case. This dual perspective helps us anticipate the other side’s arguments, prepare more thoroughly, and present your position more effectively.

Transparent Hourly Billing

We believe Westfield families deserve complete honesty about what their case will cost. We offer transparent hourly billing with no hidden fees and discuss all costs upfront during your free consultation. Flexible payment arrangements are available.

Minutes from Westfield

Our main office at 1 S Rangeline Rd in Carmel is just a 10-minute drive south on US-31 from downtown Westfield. We also have offices in Fishers and Zionsville for your convenience. Evening and weekend appointments are available by request.

Why Westfield Modification Cases Are Different

Westfield is one of the fastest-growing cities in Indiana, with a 2025 population exceeding 66,000 — a staggering increase from just 9,293 in 2000. This explosive growth has created unique family dynamics that frequently drive modification cases, and an attorney who understands Westfield’s community is better equipped to handle them effectively.

High-Income Families Mean Complex Support Calculations

Westfield’s median household income of approximately $119,598 is nearly double the Indiana state median. Many Westfield households are dual-income professional families, with the 45–64 age group reporting median incomes above $141,000. When one spouse’s income changes significantly — through a promotion, job loss, career change, or business growth — the impact on child support calculations can be substantial. Child support modifications in Westfield often involve complex income analysis, stock options, bonuses, and business earnings that require careful presentation to the court. Families in neighborhoods like Centennial, Chatham Hills, Holliday Farms, and Northridge Estates frequently face these high-stakes support recalculations.

Westfield Washington Schools Drive Custody Decisions

Westfield Washington Schools serves nearly 10,000 students across highly regarded schools including Westfield High School, Westfield Middle School, Westfield Intermediate School, Oak Trace Elementary, Washington Woods Elementary, Carey Ridge Elementary, and Shamrock Springs Elementary. Many families moved to Westfield specifically for these schools, and when custody or parenting time modifications are at stake, the impact on a child’s school placement is often a central issue. A parent seeking to relocate outside the district — or one arguing that a child should remain in Westfield Washington Schools — needs an attorney who understands how Hamilton County judges weigh school stability in best-interests determinations.

Rapid Growth Creates Relocation Pressures

Westfield’s proximity to the US-31 corridor and the broader Indianapolis metro has attracted families from across the country. But just as quickly as families move to Westfield, circumstances can change — corporate transfers, career opportunities in other states, or a desire to return to family in another region. Indiana’s relocation statute (IC 31-17-2.2) imposes strict notice requirements and gives courts authority to modify custody when a parent intends to move. For Westfield families who chose this community for the schools, the parks around Grand Park Sports Campus, and the neighborhood connections, a relocation dispute can feel like everything is at stake.

Young Children Grow Up — Orders Must Evolve

With a median age of 36.6, Westfield has a large population of young families. The parenting plan that worked when your child was a toddler at Carey Ridge Elementary will likely need modification by the time they are playing travel sports at Grand Park, attending Westfield Middle School, or driving to activities on their own at Westfield High School. Children’s evolving needs — school schedules, extracurriculars, friendships, and their own maturing preferences (Indiana courts give greater weight to a child’s wishes at age 14+) — are among the most common reasons Westfield families seek parenting time and custody modifications.

Real Estate Values Complicate the Picture

With median home values around $460,000 and significant new construction throughout Grand Park Village, Viking Meadow, The Preserve at Spring Mill, and Heritage at Spring Mill, real estate is often a major factor in modification cases. A parent who can no longer afford the family home in a high-value Westfield neighborhood may need to relocate, triggering parenting time adjustments. Conversely, a parent whose income has increased may argue for modified support to reflect the cost of maintaining a home in the Westfield market that keeps the children in their school district and community.

Types of Modifications We Handle for Westfield Families

Custody Modification

When circumstances have substantially changed since your last custody order, we can petition the court to modify legal custody, physical custody, or both. We handle cases involving safety concerns, parental fitness changes, children’s evolving needs, and shifts in living arrangements. Learn more about Westfield custody law →

Child Support Modification

Job changes, income shifts, new children, changes in parenting time, and increased expenses can all warrant a child support modification. We help Westfield parents petition for increases or decreases based on Indiana’s “substantial and continuing change” standard or the 20% deviation rule. Learn more about Westfield child support →

Spousal Maintenance Modification

Indiana’s spousal maintenance provisions are limited, but existing maintenance orders can be modified when circumstances change materially — such as the recipient becoming self-supporting, a change in either party’s health, or the paying spouse experiencing a significant income change. Learn more about spousal maintenance →

Parenting Time Modification

Children’s schedules change, parents’ work situations evolve, and what once worked may no longer be practical. We help Westfield parents modify parenting time schedules to better reflect current realities — whether driven by school changes at Westfield Washington Schools, new extracurricular commitments at Grand Park, or work-schedule shifts — while keeping the child’s best interests at the center of every decision.

Relocation Modifications

When a parent wants to relocate with a child — or has already relocated — Indiana’s relocation statute (IC 31-17-2.2) requires specific notice and gives the court authority to modify custody and parenting time. We represent both relocating and non-relocating Westfield parents in these high-stakes disputes.

Contempt and Enforcement

When the other parent is not following court orders — denying parenting time, failing to pay support, or ignoring decree terms — we file contempt motions to enforce compliance. Contempt actions are frequently paired with modification petitions to both enforce and update the current orders.

The Westfield Modification Process: Step by Step

Step 1: Free Consultation

We start by listening to your story and reviewing your current court orders. During this meeting at our Carmel office — just 10 minutes from Westfield — we will assess whether your situation meets Indiana’s legal standard for modification and give you an honest evaluation of your options, including the likelihood of success and what it may involve.

Step 2: Evidence Gathering

We help you assemble the documentation needed to support your petition: income records, school reports from Westfield Washington Schools, communication logs with your co-parent, medical records if relevant, and evidence of the changed circumstances that justify modification.

Step 3: Petition Filing

We draft and file a formal Petition to Modify with the Hamilton County Superior Court (or the court that issued your original order). The petition specifies the relief you are requesting, the legal basis under the applicable Indiana statute, and the factual grounds supporting the modification. In emergency situations, we can file for expedited relief.

Step 4: Service and Response

The other party is formally served with the petition and given time to respond. We review their response and begin planning our litigation strategy based on what they contest.

Step 5: Discovery (If Needed)

In contested cases, we may issue discovery requests to obtain the other party’s financial records, employment information, and other evidence. This is particularly important in Westfield child support modifications where high incomes, bonuses, and business earnings are involved.

Step 6: Mediation

Many Hamilton County courts require mediation before setting a modification case for hearing. We prepare you for mediation, represent your interests throughout the process, and work to reach a resolution that serves your family’s needs. If mediation succeeds, we draft the agreed modification order for the court’s approval.

Step 7: Hearing or Trial

If mediation does not resolve the matter, we present your case at an evidentiary hearing before the Hamilton County judge. We present witness testimony, documentary evidence, and legal arguments to demonstrate that your circumstances meet the statutory standard for modification.

Step 8: Modified Order

Once the court grants the modification, we ensure the new order is properly drafted, entered, and communicated to all relevant parties. We review the order with you to ensure you understand your new rights and obligations going forward.

How Indiana Courts Decide Custody Modifications

Under IC 31-17-2-21, an Indiana court may not modify a child custody order unless two requirements are met: (1) the modification must be in the best interests of the child, and (2) there must be a substantial change in one or more of the factors the court considers when making custody determinations under IC 31-17-2-8.

This is a two-pronged test, and the parent seeking modification bears the burden of proving both elements. The “substantial change” requirement exists because Indiana courts value stability in children’s lives and do not want to upend custody arrangements without a compelling reason.

The Eight Best-Interests Factors (IC 31-17-2-8)

When evaluating any custody determination or modification, Indiana courts must consider:

1. The age and sex of the child.

2. The wishes of the child’s parent or parents.

3. The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.

4. The interaction and interrelationship of the child with the child’s parent or parents, siblings, and any other person who may significantly affect the child’s best interests.

5. The child’s adjustment to the child’s home, school, and community.

6. The mental and physical health of all individuals involved.

7. Evidence of a pattern of domestic or family violence by either parent.

8. Evidence that the child has been cared for by a de facto custodian.

What Qualifies as a “Substantial Change”?

While every case is different, Indiana courts have recognized the following types of changes as potentially “substantial” enough to warrant modification: a parent’s relocation, a significant change in a parent’s living situation or household composition, substance abuse or criminal behavior, deterioration in a parent’s mental or physical health, a child reaching an age where their preferences carry greater weight, a parent’s consistent failure to exercise parenting time or follow the existing order, and evidence of abuse, neglect, or domestic violence.

Facing a Modification in Westfield? Get Answers Now.

Free consultation. Honest answers. No pressure.

Child Support Modification Under Indiana Law

Indiana’s child support modification statute (IC 31-16-8-1) provides two independent grounds for modifying an existing child support order:

Ground 1: Substantial and Continuing Change in Circumstances. The court may modify support when there has been a change in circumstances so substantial and continuing as to make the current order unreasonable.

Ground 2: The 20% Rule. A child support order may also be modified when: (A) the current ordered amount differs by more than 20% from the amount calculated under the Indiana Child Support Guidelines using current incomes, and (B) the existing order is at least 12 months old.

Common Triggers for Support Modifications in Westfield

Significant income changes (job loss, promotion, new employment, retirement), a change in the number of overnights each parent has with the child, new children in either parent’s household, substantial changes in childcare or healthcare costs, a child’s special needs that did not exist at the time of the original order, and incarceration of the paying parent (Indiana law specifically recognizes that incarceration may constitute a substantial change under IC 31-16-8-1(d)). For Westfield families with high household incomes, even modest percentage changes in earnings can push support calculations past the 20% threshold.

Spousal Maintenance Modifications

Indiana’s spousal maintenance provisions under IC 31-15-7-2 are more limited than many states. Maintenance is generally available only for incapacity, as rehabilitative support for up to three years, for a caretaker of an incapacitated child, or by agreement of the parties. Existing maintenance orders may be modified when the underlying circumstances change — for example, when the recipient spouse completes training and becomes self-supporting, when a medical condition improves, or when the paying spouse’s financial situation changes dramatically. However, property division provisions that were part of a settlement agreement generally cannot be modified by the court after the decree is entered, except as the agreement itself allows.

Indiana Modification Statutes

The following Indiana statutes govern modification cases. Understanding these laws is essential for any Westfield parent considering a modification petition:

IC 31-17-2-21 — Custody Modification

The court may not modify a child custody order unless modification is in the best interests of the child and there is a substantial change in one or more of the factors the court may consider under IC 31-17-2-8.

IC 31-17-2-8 — Best Interests Factors

Establishes the eight factors Indiana courts must consider in all custody determinations and modifications, including the child’s wishes (with greater weight at age 14+), the child’s adjustment to home, school, and community, and the mental and physical health of all individuals involved.

IC 31-16-8-1 — Child Support Modification

Provides two grounds for modification: (1) a substantial and continuing change in circumstances making the current order unreasonable, or (2) a 20%+ deviation from the Indiana Child Support Guidelines when the order is at least 12 months old.

IC 31-17-2.2 — Relocation Notice Requirements

Requires a relocating parent to file a Notice of Intent to Relocate with the court and provide notice to the nonrelocating parent. The nonrelocating parent may object and request a hearing. The court evaluates the relocation based on specific statutory factors.

IC 31-15-7-2 — Spousal Maintenance

Indiana courts may order maintenance for an incapacitated spouse, rehabilitative maintenance for up to three years for a spouse who needs training or education, for a caretaker of an incapacitated child, or as agreed by the parties. Existing maintenance orders are subject to modification upon changed circumstances.

IC 31-16-6 — Indiana Child Support Guidelines

Establishes the income-shares model Indiana uses to calculate child support, including both parents’ gross incomes, healthcare costs, childcare expenses, and the parenting time credit. These Guidelines are the benchmark for evaluating whether the 20% deviation threshold is met.

IC 31-17-4 — Indiana Parenting Time Guidelines

Provides the framework and minimum standards for parenting time in Indiana, including schedules for different age groups, holiday and vacation provisions, and provisions for long-distance parenting. Courts use these Guidelines as a baseline when modifying parenting time orders.

Facing a Difficult Family Law Decision in Westfield?

Talk to JR and Jill. Free consultation. Husband-and-wife team who understand both sides.

What to Bring to Your Free Modification Consultation

☑ Your current court orders — divorce decree, custody order, child support order, and any subsequent modifications

☑ Income documentation — recent pay stubs, tax returns (last 2 years), W-2s, and documentation of bonuses, commissions, or self-employment income

☑ Evidence of changed circumstances — medical records, school records from Westfield Washington Schools, job loss documentation, relocation notices, or anything documenting the change that prompted your modification

☑ Communication records — text messages, emails, or Our Family Wizard logs with your co-parent, especially those documenting parenting time violations or disputes

☑ Current parenting time schedule — documentation of the actual schedule you are following (which may differ from the court order)

☑ List of concerns — a written summary of the changes you are requesting and why, including any safety concerns

☑ Questions for your attorney — bring any questions you have about the process, timeline, cost, or likelihood of success

Filing a Modification from Westfield

Modification petitions are filed in the court that issued your original order. For most Westfield families, this is the Hamilton County Superior Court. Here are the courts where we most frequently handle modification cases for Westfield residents:

Hamilton County

Hamilton County Government & Judicial Center
1 Hamilton County Square
Noblesville, IN 46060
Phone: (317) 776-9629
15–20 min from Westfield via SR-32 East

Marion County

Marion County Community Justice Campus
675 Justice Way
Indianapolis, IN 46203
Phone: (317) 327-4740
35–45 min from Westfield via US-31 South

Boone County

Boone County Courthouse
1 Courthouse Square
Lebanon, IN 46052
Phone: (765) 482-3510
25–30 min from Westfield via US-421

If you are unsure where your modification should be filed, we will determine the correct jurisdiction during your free consultation.

How Long Does a Modification Take in Hamilton County?

4–8 Weeks

Agreed Modification

When both parents agree on the changes. We draft the agreed order and submit it for court approval. Timeline depends on Hamilton County court scheduling.

2–4 Months

Moderate Complexity

Modifications that require mediation but settle before hearing. Includes child support recalculations and parenting time adjustments with some disagreement.

4–8 Months

Contested Modification

Contested custody modifications, relocation disputes, and cases requiring guardian ad litem reports or custody evaluations.

24–72 Hours

Emergency Modification

When a child’s safety is at immediate risk. We file emergency motions for expedited relief, with courts often ruling within days.

Note: Timelines vary by court schedule. Hamilton County modifications typically proceed faster than Marion County due to lower caseload volume.


Results for Westfield Families

Relocation Blocked — Child Remains in Westfield Schools

Represented a Westfield mother after her ex-husband relocated more than one hour away and filed a Notice of Intent to Relocate — after he had already moved — while insisting that the existing 50/50 custody arrangement remain unchanged. JR filed an emergency motion to modify custody based on the father’s relocation, arguing that maintaining 50/50 parenting time was no longer practical and that uprooting the child from the Westfield community was not in the child’s best interests. The Court agreed, ordered that the child would not be relocated, and modified the father’s parenting time to every other weekend. The result kept the child in their established school, neighborhood, and community. The father later moved back to Westfield and 50/50 parenting time was restored.

Primary Custody Awarded to Father — Multiple Modification Attempts Denied

Jill represented a professional father in a Hamilton County divorce where the mother had been the stay-at-home parent. Despite the mother’s role as primary caregiver during the marriage, following the divorce the children lived the majority of the time with the father. Since the divorce, the mother has filed multiple motions seeking 50/50 parenting time. Jill has successfully defended against each motion and the father continues to have primary physical custody.

Contempt Finding — Mother Found in Contempt for 100+ Parenting Time Violations

JR represented a Hamilton County father in a post-decree enforcement action after the mother repeatedly failed to appear at the designated exchange location for parenting time. JR filed a Motion for Rule to Show Cause. At hearing, the evidence established that the mother had failed to meet the father for the custody exchange on more than 100 occasions. The Court found the mother in contempt, granted the father makeup parenting time, and ordered the mother to pay the father’s contempt related attorney fees.

Emergency Custody Modification — Children’s Safety Protected

Represented a father in a pending divorce after a serious safety incident involving the mother and the children. JR filed an emergency motion to modify custody and parenting time. The Court agreed that immediate action was necessary to protect the children’s best interests and modified the mother’s parenting time to supervised visitation. The mother’s unsupervised parenting time was later restored after circumstances improved.

Past results do not guarantee future outcomes. Every case is unique and results depend on specific facts and circumstances.

View All Case Results →

What Our Clients Say

★★★★★

“I recently worked with James R Emerson based in Carmel, Indiana. He and his team focus on accident and divorce law. I was impressed by his expertise and dedication. When it came to divorce proceedings, he provided compassionate support and clear guidance, making a difficult situation more manageable. His communication was always prompt and transparent. I highly recommend James for anyone seeking legal assistance in these or other areas.”

Andy Rubey
— Google Review

★★★★★

“Jill is a very smart lady. I would use her again if i needed a family lawyer again. Very professional and knowledgeable, and fighter when needed.”

Tyler Height
— Google Review

Frequently Asked Questions About Modifications in Westfield

What qualifies as a “substantial change in circumstances” for custody modification?

Indiana courts have recognized many types of changes as potentially substantial, including: a parent’s relocation, a significant change in a parent’s living situation or household composition (such as a new partner or spouse), substance abuse issues, criminal behavior, deterioration in a parent’s mental or physical health, a child reaching an age where their preferences carry greater weight (age 14+), a parent’s consistent failure to exercise parenting time, and evidence of abuse, neglect, or domestic violence. The change must be more than minor and must relate to one of the best-interests factors under IC 31-17-2-8. During your free consultation, we can evaluate whether your specific situation meets this legal standard.

How soon after my divorce can I file for a modification?

There is no mandatory waiting period for custody or parenting time modifications in Indiana. You can file as soon as a substantial change in circumstances occurs. However, for child support modifications under the “20% rule” (IC 31-16-8-1(b)(2)), the existing order must be at least 12 months old. For modifications based on the “substantial and continuing change” standard, there is no minimum waiting period — though judges may be skeptical of modifications filed very soon after the original order unless the changed circumstances are truly significant.

Can I modify child support if I lost my job?

Yes, involuntary job loss can constitute a substantial change in circumstances that warrants a child support modification. However, you must file promptly. Indiana courts do not automatically reduce support when income drops — you need a court order to modify the amount. Until a modification order is entered, the original support obligation continues to accrue. It is critical to file a modification petition as soon as possible after a significant income change rather than waiting and accumulating arrearages.

What is the 20% rule for child support modifications?

Under IC 31-16-8-1(b)(2), a child support order may be modified if: (A) the current ordered amount differs by more than 20% from the amount that would be calculated under the Indiana Child Support Guidelines using current incomes and circumstances, and (B) the order being modified was issued at least 12 months before the modification petition was filed. This provides an objective, numbers-based path to modification without needing to prove a specific changed circumstance. For Westfield families with high incomes, even moderate changes in earnings can push the calculation past the 20% threshold.

Can my ex-spouse move out of state with our child?

Not without following Indiana’s relocation procedures under IC 31-17-2.2. A relocating parent must file a Notice of Intent to Relocate with the court and notify the nonrelocating parent. The nonrelocating parent can then object and request a hearing. The court will evaluate the distance, the impact on the child’s relationship with the nonrelocating parent, and the feasibility of modified parenting time before deciding whether to allow the relocation or modify custody. All existing orders remain in effect until the court rules. If a parent relocates without following these procedures, the court can order the child returned.

My co-parent is not following the parenting time schedule. What can I do?

You can file a Motion for Rule to Show Cause (contempt motion) asking the court to hold the other parent in contempt for violating the parenting time order. If the court finds the other parent in contempt, it can order makeup parenting time, modify the existing order, and award you attorney fees. In some cases, repeated parenting time violations can also support a petition to modify custody. We frequently pair contempt motions with modification petitions to address both the violations and the underlying order.

Can I get an emergency modification?

Yes. When a child’s safety or welfare is at immediate risk, Indiana courts can issue emergency orders on an expedited basis. Common grounds for emergency modifications include evidence of abuse or neglect, substance abuse that places the child in danger, a parent’s arrest or incarceration, a parent’s unilateral relocation with the child, or other circumstances that create an immediate threat to the child’s physical or emotional wellbeing. Emergency motions can often be heard within 24 to 72 hours.

Does my child’s preference matter in a modification case?

Yes. Under IC 31-17-2-8(3), the court must consider the wishes of the child, with “more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.” A child turning 14 since the last custody order can itself be a factor supporting modification, particularly if the child has a strong, well-reasoned preference. However, a child’s preference alone is usually not sufficient — the court considers it alongside all other best-interests factors.

Can I modify spousal maintenance in Indiana?

It depends on the type of maintenance. Court-ordered maintenance for incapacity or rehabilitative purposes can be modified when circumstances change. However, if your spousal maintenance was established through a settlement agreement that was incorporated into the decree, the agreement’s own terms control whether modification is allowed. Property division provisions in a settlement agreement are generally not modifiable by the court after the decree is entered, except as the agreement itself provides or the parties subsequently consent.

Where do Westfield residents file modification petitions?

You generally file your modification petition in the same court that issued the original order. For most Westfield families, this is the Hamilton County Government and Judicial Center at 1 Hamilton County Square in Noblesville, approximately 15–20 minutes east of downtown Westfield via SR-32. Indiana’s continuing jurisdiction rules under the UCCJEA (IC 31-21) generally keep the case in the original court as long as a parent or child resides in Indiana. If you are unsure, our office can help determine the correct jurisdiction.

How much does it cost to file a modification?

Court filing fees for modification petitions in Hamilton County typically range from $100 to $200. Attorney fees depend on the complexity of your case — a straightforward agreed modification costs significantly less than a contested custody modification requiring a hearing. We offer transparent hourly billing with no hidden fees and discuss all costs upfront during your free consultation. Flexible payment arrangements are available.

Can I modify a custody order if the other parent agreed to it?

Yes. Even orders entered by agreement of the parties can be modified when circumstances change. The Indiana Supreme Court addressed this in the child support context in Rolley v. Rolley (2014), confirming that agreed-upon orders are subject to later modification under either statutory ground. For custody, the same “substantial change in circumstances” standard applies regardless of whether the original order was agreed upon or court-ordered.

What happens if I don’t file for modification and just stop paying support?

This is one of the most dangerous mistakes a parent can make. Even if your circumstances have changed dramatically, your existing child support obligation continues to accrue at the ordered amount until a court modifies it. Arrearages accumulate, interest accrues, and the other parent can file a contempt motion seeking enforcement, attorney fees, and potentially even incarceration. If your circumstances have changed, file for modification immediately rather than unilaterally stopping or reducing payments.

Can the court modify property division after the divorce?

Generally, no. Under IC 31-15-2-17, the disposition of property settled by a written agreement and incorporated into the decree is not subject to subsequent modification by the court, except as the agreement itself prescribes or the parties subsequently consent. This is one reason why getting the property division right during the initial divorce is so critical. However, child-related orders (custody, support, parenting time) and spousal maintenance can be modified under the appropriate statutory standards.

Serving Westfield Neighborhoods & Nearby Communities

We proudly serve clients from throughout Westfield and surrounding areas, including these neighborhoods and communities:

Centennial
Chatham Hills
Holliday Farms
Northridge Estates
Grand Park Village
Spring Mill
Viking Meadow
The Preserve at Spring Mill
Maple Knoll
Heritage at Spring Mill
Downtown Westfield
Osborne Trails
Carmel
Noblesville
Zionsville
Fishers
Sheridan
Cicero

You Are Our Top Priority

Free consultation. Honest answers. No pressure. No fee unless we win your injury case.

When you're dealing with a serious injury or facing a difficult divorce, the last thing you need is a law firm that treats you like a number. At Emerson Divorce and Accident Injury Attorneys, you will speak directly with JR or Jill — not a call center, not an intake coordinator, not a paralegal screening your call.

We provide every potential client with a free initial consultation so we can listen to your story, answer your questions, and give you an honest assessment of your options. There is no cost and no obligation to talk to us about your case.

(317) 969-8000

Emerson Divorce and Accident Injury Attorneys, L.L.C.
1 S Rangeline Rd, Suite 400, Carmel, IN 46032
Available 24/7 for Emergencies

Emerson Divorce and Accident Injury Attorneys, L.L.C.

Service Areas: Carmel, IN | Fishers, IN | Westfield, IN | Noblesville, IN | Zionsville, IN | Whitestown, IN | Lebanon, IN | Sheridan, IN | Arcadia, IN | Cicero, IN | Atlanta, IN | Meridian Hills, IN | Williams Creek, IN | Hamilton County, IN| Boone County, IN |

Privacy Policy

Copyright © 2012–2026 Emerson Divorce and Accident Injury Attorneys, L.L.C. All rights reserved.

*DISCLAIMER: Past results cannot guarantee future performance. Any result in a single case does not constitute a promise, prediction, or guarantee regarding the outcome of any other case. Each case involves many different factors and thus results will always be different from case-to-case.

The laws governing legal advertising in the state of Indiana require the following statement in any publication of this kind: Advertising Material. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.

This site makes use of licensed stock photography. All photography is for illustrative purposes only and all persons depicted are models unless otherwise noted.