Modifying Your Divorce Order
Ideally, a person is able to move on after a divorce without having to look back. Unfortunately, when children are involved, that is rarely the case. When you require a modification of child custody and support orders, or enforcement of a divorce provision, you need a lawyer to be committed to helping you resolve the matter efficiently and effectively.
A final divorce order is based on a set of circumstances at one point in time. If those circumstances have changed substantially, even prior to three years after the initial order, it is reasonable to pursue a post-divorce modification to certain provisions.
Make Requests To Modify Support Promptly
You can modify if there is a material change in circumstance in fewer than three years. However, it is important to file promptly. When, for instance, a parent paying child support loses a job, act quickly — before, and not after, an order for enforcement is made. We can make the decrease retroactive at that point.
Common Reasons For Child Support Modification
- Noncustodial parents who are struggling financially may need to change the child support amount they pay.
- Custodial parents who have been making ends meet on their own may discover that they need the extra help that child support offers.
Children mature, their needs change, or they may become disabled or ill — these kinds of changes may justify an increase in child support amounts. Likewise, a noncustodial parent may have a substantial increase in income that justifies an in-kind increase of child support.
Remember that the court has no authority to enforce anything you agree to orally. Always enlist your attorney to make your modification requests through the court.
Modifications To Child Custody And Visitation
When there is evidence that your child’s other parent or that parent’s significant other is engaging in activities that could endanger the child, such as drug use or criminal activities, requests to modify custody arrangements are merited and reasonable.
It is also necessary to change a child custody and visitation order when one parent wishes to move a significant distance such as a cross-state or out-of-state relocation. Depending on whether the noncustodial or the custodial parent wishes to move, there are many different issues involved with such a decision before the court.
We will aggressively pursue the changes needed to seek what is best for you and your child.