How to Modify a Divorce Order or Agreement
Huntersville Attorney for Custody & Support Modifications
Our lives are continually changing, and circumstances can alter dramatically after a divorce is finalized, making child custody, child support, or alimony orders impractical or impossible. If you are interested in modifying a divorce order or agreement or need to challenge a proposed modification, I can offer my services as a family law specialist and trial attorney to help you.
These are complex matters, and the burden of proof is specific and substantial. Fortunately, I have over a decade of legal experience under my belt and can offer insight regarding workable strategies and how to best protect your interests during a modification. From my office in Huntersville, I represent clients across the surrounding areas in North Carolina.
I can help with post-divorce modifications involving:
- Parental relocation to another county, state, or country
- Job loss
- Significant increase or decrease in income
- Changes in a child’s needs
For a confidential review of your modification case, call (980) 223-3340.
Child Custody Modifications
To modify a child custody or visitation order in North Carolina, the parent seeking the modification must prove that there is a change that affects the child and that modifying the order would be in the best interests of the child. It is important to note that the change in circumstances need not necessarily be a negative one. For example, a parent who overcomes alcohol or drug addiction may be entitled to additional visitation time or even shared physical custody. As long as the change is substantial and modification would be in the child’s best interests, the court may approve it.
Child Support Modifications
An existing child support order may be modified, with court approval, if there is enough evidence that justifies the change. The following are examples of justifying circumstances:
- It has been 3 years since the current child support order was implemented, and the proposed change would alter the amount by at least 15%.
- The child’s educational and/or medical needs have changed.
- There has been a significant and involuntary decrease in the paying parent’s income.
- There has been a change in the physical child custody agreement.
If you want to find out if you have a qualifying change in circumstances, I’ll be happy to offer my insight as a divorce lawyer and family law specialist serving the Huntersville area.
When one spouse is ordered to pay alimony to another spouse for a certain period of time after a divorce, it can be challenging to try to modify this amount. The party wishing to modify the alimony order must show a “substantial change of circumstances” that would justify altering the alimony arrangement. If the change in circumstances is proven and the modification granted, it would be implemented retroactively to the date that the modification was requested.
Serving Huntersville & the Surrounding Areas
If you want to discuss modifying an existing support or custody order, do not wait to seek legal counsel. You must approach this through the right channels to make sure you face no serious issues down the line, and I can review your options with you, so you know how to proceed and what to expect.
We are dedicated to protecting your rights and the rights of your family, and we pride ourselves on creating long-lasting relationships with each of our clients.
While we have numerous clients, our firm will always treat you as a priority. Family law is personal, and you’re not just a case number. We provide the individualized attention you deserve.
We are incredibly attentive and will answer you whenever you need us. No problem is too small.