When Court Orders Should Be Modified
A court order may require a modification for many possible reasons. Sometimes, the requested changes are granted, and other times, they are not. Generally, the change must be substantial, material, unanticipated and in the best interest of the child. In other words, changes that simply satisfy the parent’s wishes may not be considered necessary and therefore may not be granted.
Since children respond best to stability, especially after a separation, big changes may not always be best for the child. If you are considering a modification request there are certain variables that can affect whether your request will be allowed. An attorney can advise you as to whether your modification is warranted and worth pursuing legally.
The hearing and/or trial process allows both parties to provide evidence regarding the proposed request. In many cases, if the other parent agrees to the changes, there will be little to discuss with the judge. In some instances, however, both parents do not agree as to which changes should be made or how modifications to the order should be handled. Here again an attorney who works in family law can advise as to what type of evidence is needed to support or deny a request for a modification.
When Might Alimony Be Modified?
Have you been paying or receiving alimony? You or your former spouse may petition to have your alimony court order revised if there was a substantial change in circumstances such as:
- The one receiving alimony has remarried or is in a cohabiting relationship
- The one paying alimony has experienced great hardship, such as a catastrophic injury
Perhaps the time specified for alimony payments is coming to an end and you need confirmation on how that should be documented. Perhaps your former spouse has stopped paying and you wonder about methods of enforcement. Whatever your questions about changes in alimony — whether you pay or receive it — you can turn to a knowledgeable divorce lawyer for insights and assistance.
Will A Family Law Judge Agree To Modify Your Court Order — Or Deny A Request For A Modification Not In Your Favor?
Learn now to protect your rights and interests — and how to resolve your modification or enforcement case cost-effectively. Discuss your case with an experienced family law attorney. Call The Law Offices of Justin Rickman at 352-269-8652 or complete our online intake form.