Modifications to Family Court Orders
Garden City Divorce Attorney
It sometimes occurs that following a divorce, either party wishes to request
a modification to
child custody and
visitation,
child support or
spousal support. As each case is judged on its own specific merits, it is important to
enlist the help of a
Garden City divorce lawyer who can present a compelling argument on your behalf.
The general requirements to have the court consider any of these are difference
for each and involve:
-
Custody and visitation – The parent seeking the amendments must show a significant change
in circumstances.
-
Child support – In order to achieve increased support, the custodial parent must
show that the child's needs cannot be adequately met by the current
level of payments. This relies on an unreasonable or unexpected change
of circumstances. For the payer to have the amount of support reduced,
different standards must be met depending on whether the current arrangement
came about by agreement or court order.
-
Spousal support – If the current amount was court ordered, a substantial change
of circumstances is necessary for a modification. If current payments
are per a surviving agreement, changes can only be made in cases of extreme
hardship. Modifications will usually be approved in either case if the
recipient would otherwise become a public charge.
Enlist powerful advocacy for your case!
Substantial change in circumstances can consists of such occurrences as
losing a job, unexpected medical costs, a spouse remarrying, incidents
of child neglect and other such factors relevant to the area where modification
is sought. In matters involving children, the court will always consider
the best interests of the child as the guiding factor. For representation
by legal counsel that genuinely cares about helping you and your family,
contact a Garden City divorce attorney at Edwards & Rockmore P.C.