Modification of Court Orders
Charlotte Modification Attorneys Serving Residents of Waxhaw & Surrounding Areas
There are a variety of reasons as to why you would want to modify an existing court order. It could be that your schedule may have changed as a parent and it no longer works with your pre-existing visitation agreement. Or, maybe you lost your job and can no longer afford to pay child support or spousal support.
Situations naturally change over time and, when they do, you may need to alter certain aspects of your life to adjust. As such, modifying an existing court orders is sometimes a necessary occurrence.
When Can You Request a Post-Judgment Modification?
Typically, a judge will only modify an order due to a “substantial and material change in circumstance.” Unfortunately, there is no set definition as to what constitutes as “substantial change;” however, some examples of a change in circumstance could include:
- Loss of income and/or job
- Change in income
- Cohabitation with a new spouse
- Increased cost of living
- Lifestyle changes
To determine if the change in your life is substantial and material depends on the type of agreement you are trying to modify.
Child Support & Child Custody Modifications
In North Carolina, a child support or custody order modification is permitted under certain conditions: a serious life change for one or both parents. A life change is defined as:
- Significant loss of income
- Job loss
- Change in a child’s health, needs, education, interests, and/or activities
- Changes in any factors used to determine the initial support payment
- If one parent is relocating
- If one parent experiences a significant change in his/her work schedule
- If one parent retires
- Situation involving domestic violence and/or abuse
In the event any of these changes occur, parents can negotiate a new visitation and/or custody agreement through mediation or in court. It is important to note that the wellbeing of the child will also be considered. The courts always consider how a modification will affect the best interests of the child. Courts may be hesitant to modify a child custody and/or child support order if that modification could adversely affect the child’s life.
A divorce decree can be modified if the terms of the divorce are unjust or circumstances for one or both spouses have changed since the divorce. As court orders are legally binding, you cannot change them by yourself. An attorney can work with you to modify the terms of your original divorce agreement. Once these modifications are approved, both parties will move forward following the terms set in the post-divorce modifications.
How a Lawyer Can Help
At Blood Law, PLLC, we can help you modify the terms of your divorce, child custody, visitation, and/or spousal support orders. We will fight to ensure that the modifications made to your court order match up with your lifestyle and needs.
Children Come First
With the complexities of family law, we put the well-being and safety of your children at the forefront of your case.
When you work with Blood Law, PLLC, you work with our entire team. Everyone is here to support you through each step.
We create personalized plans for each client while setting realistic expectations on the possible outcomes of the case.
From our first phone call to final signing, our team goes above and beyond to make sure you're getting the attention you deserve.
“Anna guided me through the entire process and answered all of my questions and concerns quickly.”- Debra K.
“Anna is very knowledgeable of the law as well as the local courts and judges.”- Penny N.
“I’m extremely grateful for Anna's help in my time of need.”- Olivia L.