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Atlanta Divorce Lawyer > Johns Creek Modifications Lawyer

Courts recognize that a child custody, support, or alimony order that suited a family’s needs at the time of divorce, may no longer be applicable. For this reason, family law judges allow parents and former spouses to request the modification of these kinds of court orders. Approval of a modification will only, however, be granted in specific cases, so if you want to change an alimony, custody, or support order, please reach out to our experienced Johns Creek modifications lawyers for help.

Parenting time orders almost always need to be modified at some point, as the children they were crafted to serve, grow older and begin having different needs. A time sharing schedule for a toddler, for instance, may no longer suit a teenager who is involved in extracurricular activities or now has a definite opinion about where he or she wants to live. In these cases, parents can seek to modify their parenting plans to account for these changes. In fact, parents are allowed to request a change in visitation or parenting time every two years.

The process of changing a child custody order, which reflects the legal and physical custody awarded to both parents, is a bit more complicated. In these situations, a court will only approve a change in the order if the petitioner can prove that a significant change in family circumstances has occurred. Relocating for a new job or the remarriage of one of the parents is usually enough to satisfy this requirement.

Once a court issues a child support order, both parents will be required to comply. These orders can, however, be changed if one of the parties successfully requests a modification. Although generally required to wait at least two years before making such a request, parents can petition the court before this deadline in certain cases. If, for instance, a parent loses his or her job, he or she can immediately file a petition to modify child support. A hardship resulting in the loss of at least 25 percent of one’s income is also enough to satisfy this standard. Proof of a substantial change in the financial status or income of the custodial parent, or a change in the financial needs of the child, could also justify a petition for modification.

Like child support, alimony awards can be modified if:

  • Either the recipient or the payor can provide proof of a change in income and financial status; or
  • The supported spouse remarries or voluntarily cohabitates with a romantic partner.

Those who file these petitions must be sure to support their claims with evidence of the change in financial status or the new relationship, including financial statements, pay stubs, tax returns, and witness accounts.

If you are subject to a child custody, support, or alimony order, but can no longer meet your obligations, or your former partner is not meeting his or her obligations, please call 470-600-6699 and speak with one of the dedicated Johns Creek modifications lawyers at Buckhead Family Law about devising a legal strategy.

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