Helping You Seek Family Order Modifications In Response To Life’s Changes
Life can change quickly. What once worked perfectly for you and your family could in very short order become outdated, obsolete or unworkable. Among the things this can be the case for are family law orders. If you believe such an order needs to change to better reflect your family’s current circumstances, it’s important to act quickly and carefully. Georgia has a specific set of rules for seeking order modifications. Failing to follow such rules could endanger your ability to get the changes you seek and even expose you to serious legal problems. A trusted family court modification attorney can help you navigate the process and avoid costly mistakes. Turn to Kierston M. Phillips, P.C., for experienced guidance you can count on when it comes to modifications in the Carrollton area.
What Can Be Grounds For A Family Order Change?
Generally, Georgia family law orders related to custody/parenting plans, visitation, child support and alimony are eligible for modification if there has been a material change in circumstances. However, there are some exceptions to this.
Changes that could be considered material/substantial include:
- Job loss
- Major income changes
- Relocation
- Changes in a child’s needs
- Remarriage
- New safety concerns
Kierston can help you determine if you would have a solid legal basis for seeking a family law/child custody/support order modification.
Can Family Law Orders Be Changed By Agreement?
Yes, parties can seek to change an order by mutual agreement. However, simply coming to an agreement on modification doesn’t automatically make it enforceable. It needs to be approved by a court first. Kierston can assist you with attempting to reach a modification agreement through negotiation, mediation or other dispute resolution methods. She can also guide you through the court approval process.
What Happens If The Other Party Doesn’t Agree?
If your ex won’t agree to a change, you are not simply stuck with the previous family law order. You can seek a court-ordered modification. This generally involves:
- Filing a petition with the court
- Gathering evidence to support your request
- Presenting your arguments to a judge
- Waiting for the judge’s decision
The person seeking the modification generally has the burden of showing that the change is appropriate. There are many types of evidence that can be impactful in these cases, including financial records, medical records, school records and witness testimony. As a skilled family law and child custody modification lawyer, Kierston can help you with all aspects of building a strong case for a court-ordered modification, including evidence gathering.
Enforcement Versus Modification
It’s important to understand the difference between family order modifications and enforcement. Modification actions seek to change the terms of an existing order. Meanwhile, enforcement actions seek remedies when one party has failed to follow an order, such as through a custody violation or a failure to pay child support. Kierston can assist you with both types of post-judgment legal actions.
Get Trusted Modification Guidance
Life doesn’t stand still; neither should your family law order. Kierston is here to explain your options for seeking family law/post-divorce modifications and to help you pursue such changes. Contact her today by email or by phone at 678-394-0521 to discuss your situation.