Life is truly about change. Although a divorce decree is a fixed, rigid court order there are ways to modify an order after a divorce has been granted by the court. In most cases, modifications are the result of a change in family relationships and/or finances after the divorce.
Modifications can potentially change:
- Visitation
- Child Support
- Spousal Support
Modifications of Orders are simply appeals to the court asking for specific parts of the divorce decree to changed to reflect current conditions. Income changes are common, particularly in light of job layoffs and a down turn in the economy. You may find you have more or less time to spend with your child, or you may have additional children in another marriage now. All of these situations, and many others, are legitimate reasons to petition the court to modify a divorce decree (court order).
Family Law Attorney Mike Watkins can explain how the court views a request to modify an existing visitation or support order as well as the process for doing so. It is important to follow the proper procedure so you do not put yourself in a position of violating the terms of your original court order, which may mean you'll face a contempt order for the violation.
Reasons to Request Modifications
Family courts recognize that circumstances change over time. However, court orders are not easily changed and requests for modifications are not taken lightly. Your supporting facts for the request must be clear and compelling. Our experienced family law attorneys understand the family court and can help collect the evidence and documentation necessary to support your request to modify a divorce decree. Reasons to request modification include:
- Child Support
Have your child's needs changed? Has a medical condition emerged? Has your income changed significantly? Are there special educational needs? Has the child started or completed daycare? - Child Custody and Visitation
Has the other parent shown s/he is unfit to parent due to child abuse or neglect, substance abuse, or other serious condition? Has the other parent missed parenting time as defined in the parent plan? Do school or work changes make a change more preferable? - Spousal Support
Has the person paying alimony suffered a loss of income?
In any situation, it is best to follow the agreements already in place while pursuing changes and modifications to those existing agreements. You should never defy a court order as it will greatly impact your formal request to modify and also result in a contempt-of-court order and/or possible jail time.
Solving a legal matter on your own is a recipe for disaster. The family law attorneys at Watkins Law Firm will provide you with solid legal guidance through any modification request. Contact us today to schedule a FREE Consultation and learn how our expertise can make a difference for you.