If you have been dealing with a divorce, you know that your circumstances will change over time. Even though you may have worked hard to come to your original agreement with your ex-spouse, there may come a time when you need to seek a modification. Your original agreement may need to be modified months or even years after the divorce has been finalized. If you need to modify any aspect of your divorce agreement, an experienced attorney can help you get the modifications that are best for you.
At Melone Hatley, P.C., we have a long history of helping people through every stage of the divorce process. This includes making modifications to the original agreement; including child support and spousal support modifications. Learn more about how we can help you with a free consultation with a client service coordinator to see if a Virginia divorce lawyer from our team can help you.
Steps to Take When Modifying a Divorce Agreement
Divorce is never easy, and the last thing you will likely want to do after a separation is to open old wounds by attempting to modify the terms of your divorce agreement. However, sometimes, changes in your life or the lives of your former spouse or children can make it necessary to modify the original terms of your divorce.
While the legal process for modifying your divorce agreement can be complex, an experienced modifications lawyer can help you every step of the way. Once you have hired a Virginia family lawyer, they will petition the court, stating the reason you are seeking a modification. Along with this petition, they will submit evidence that supports your position.
The opposition will then get the chance to review the petition and file a response. Next, a hearing will be scheduled. At your hearing, both sides will be given the opportunity to present their arguments before a judge. The judge will then make a ruling on whether or not to grant the modifications to the divorce agreement.
Common Alterations to a Divorce Agreement
When circumstances change and a modification to your original divorce agreement becomes necessary, an experienced attorney can help you through the process. The most common alterations that are requested include changes to:
- Child custody and visitation
- Child support
- Spousal support
Child Custody & Visitation Modifications
Several life changes can lead you to seek to change your original custody or visitation agreement. Some of the most common life changes that can prompt parents to petition for a modification to a child custody agreement include:
- Changes in work schedules
- Job relocation
- Remarriage or another change to the household
- Change in living conditions
A parent who experiences a significant change in their schedule may need to seek to make a new custody arrangement that better aligns their hours of availability with the needs of their children. If a change in employment means that a parent will have to relocate for work, a joint custody agreement may no longer be a viable solution.
If one parent remarries or begins living with someone else, it could call for an alteration to the custody agreement, especially if there is a question regarding the safety of the child with this new occupant in the home.
A judge may also decide to modify a custody arrangement if one partner moves into a new residence where the living conditions are drastically different from those the child was exposed to at their former home.
Child Support Modifications
If either parent undergoes a significant change to their financial situation, it could mean that an alteration needs to be made to the original child support agreement. If the parent who is paying child support loses their job, they may no longer be able to afford to keep paying as much money in child support. At the same time, a big bump in their income could mean paying more.
Alternatively, if the parent receiving child support sees substantial changes to their household income, the court may raise or lower the amount they receive accordingly. The needs of the child can also lead to a change in child support payment. For example, if the child gets sick, the parent paying child support may need to pay more to cover their medical costs.
Another thing the court will take into account when it comes to child support is changes to the child custody agreement. One parent may start receiving child support from another if a custody modification switches who has primary custody of the child.
Spousal Support Modifications
Modifications to an agreement regarding the payment of spousal support are granted when either party sees a significant change in their household income. When the person receiving spousal support gets remarried, the judge will often grant the discontinuation of spousal support payments altogether.
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Pushing Back Against a Modification Petition
Of course, it is possible that you will find yourself in a position where your former spouse is petitioning to modify your divorce agreement. Whether you believe the initial agreement should be upheld or are simply looking to ensure that you maintain some control over the modifications, retaining the services of an experienced attorney can be critical.
Reach Out to an Experienced Modifications Lawyer Today if Looking to Change the Terms of Your Divorce Agreement
Hiring an experienced attorney is the best way to ensure your rights are protected throughout the modifications process. At Melone Hatley, P.C., we have more than a decade of experience fighting for our clients during the divorce process and during any subsequent modification proceedings.
Contact us by giving us a call or filling out our online contact form today to set up your free initial case consultation with a member of our legal staff. We’ll review the details of your case and advise you of your legal options.
