The personal and financial circumstances of a spouse can change significantly following a divorce. The party seeking a modification of a court order must show that there has been a significant change in circumstances from when the original court order was made. The court may modify child custody, visitation, child and spousal support orders when there has been a material and substantial change that has affected the child since the order was made. Where the needs of the child may have changed, it is imperative to obtain new orders that would account for the change.
A skilled family law attorney can assist you in modifying court orders. An experienced attorney can discuss with you with you whether your changed circumstances will warrant a modification of your child custody, visitation, support and other court orders. Modifications of previous orders can be challenging and tricky. We recommend that you seek the advice of a family law attorney to assist in obtaining your modification.
In making orders regarding children, the court’s standard is to determine what is in the child’s best interest. If the requested modification is not in the child’s best interest, it is unlikely that the court will make the requested order.
However, if the parent seeking the modification can establish new facts against the other parent of abuse, addiction issues, or is involved in other potentially dangerous circumstances, a court may decide that modification of custody is warranted.
A modification can both the amount and conditions of a child support order. To be eligible for a child support modification, you must be able to prove a significant change in financial situations for either of the parents or a substantial change in the needs of the child.
Like child support, spousal support is subject to modification by the court. Spousal support modifications can be made if a significant change in financial circumstances can be proven. If one party is now earning substantially more or less money than when the original order was made, there is a strong argument that spousal support should be modified or maybe even terminated.
Hire an experienced family law attorney who will gives you unique insight into the requirements for modifications of court orders. A skilled and professional attorney will have a comprehensive understanding of spousal support, child support, child custody and visitation and other court orders, to develop practical strategies to obtain modifications of court orders.