Divorce Decree Modifications
When life circumstances change your existing terms may no longer be appropriate. A modification request can be the solution.
Circumstances often change and an award that made sense in the past may no longer be appropriate. In such cases, a modification may be necessary. Alimony, child support, child custody and visitation can all be modified. However, the right to modify alimony is often waived by agreement.
Child support modifications are common and can occur as often as every two (2) years. A substantial change in income or financial status of either party or the needs of the child can trigger an upward or downward modification. A hearing will most likely be held to determine if the changes warrant a modification.
It is important to remember that the existing Court order remain in effect until a new order is entered. Unless the court issues a temporary order, a party is usually obligated to maintain the regular payments throughout the modification process.
Until recently, child custody modifications, other than by agreement of the parties or election of a fourteen (14) year old child, were relatively rare. In late 2003, the Georgia courts revised the standards for modifying child custody making it more likely that cases will be filed. It is now apparent that the best interest of the child will be measured at the time of the modification and it may no longer be required to prove that the existing custodial parent has been derelict in their parenting. This is a fairly new change in the law and it will take some time for the new rules to be fully understood.
Visitation schedules often require modification based on relocation, changes in work schedules and ages of the children. If the parties cannot agree on a new schedule, it may be necessary to seek court intervention.
Modification Lawyer in Marietta
If you feel circumstances have significantly changed since your last agreement was entered a divorce decree modification may be appropriate. We can prepare and file a modification motion, and represent you throughout the modification process. Our divorce law firm is conveniently located just off of the Marietta Square, near the Cobb County Courthouse.
Need help or information? Call 770-426-9359
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