Modifications

Modifications of Child Custody and Support Orders

In a divorce, the court will order a final settlement of how much child support and spousal support one party must pay to the other. The court will also order a final child custody agreement saying who has custody and how much visitation the other party has.

There is just one problem. Sometimes the final order is not really final.

Modifications, it has been said in legal circles, can be the friend of the so-called "deadbeat dad" and the enemy of the lottery winner. Any time there is a significant change in circumstances following a judgment, the court order can be modified.

If you are considering requesting modifications of your family law judgment, you will want the benefit of a solid attorney's experience. The lawyers at the Law Offices of Gary W. Kearney can put their experience to work for you.

Do you want to modify a court order? Call us toll-free today at 866-859-1507 to schedule a consultation.

Changes of Circumstances

If a father loses his job, he can file an order to reduce his child support payments. Conversely, if he gets a better job, his former spouse can file a request to increase child support payments. Similarly, if she becomes a substance abuser and the child drops out of school, the father can file an order to gain custody.

So a divorce is never actually final, in the pure sense. Almost anything in a divorce decree can be changed if there is a good reason.

Exceptions to the Rule

One exception is a situation in which a parent with custody of minor children agrees to receive less child support than is indicated under the Minimum Child Support Guideline. When this happens, the custodial parent can later petition the court for a higher child support order, even if there is no evidence of that the other parent's income is greater.

Another exception is division of property agreements. Property settlement is forever, or can be, unless one party has hidden assets.

Any Questions?

If you have questions for a family lawyer about modifications to your divorce settlement, we want to hear them at the Law Offices of Gary W. Kearney. Please contact us to schedule a consultation. An online consultation form is available for your convenience.