Life has its ups and downs, and they will continue well after your divorce. Relocations, job losses, financial and healthcare needs are all just normal parts of life. However, these changes could also impact your ability to comply with the terms of your divorce, such as paying child or spousal support or maintaining custodial responsibility for your child.
Fortunately, Virginia law recognizes the importance of adapting to life’s changes in ways that keep the terms of your divorce legal and enforceable. At Melone Hatley, P.C., our experienced Newport News, Virginia divorce modification attorneys understand how the court views divorce modifications and in what cases it will consider one.
Types of Divorce Modifications Available in Newport News, Virgina
A great deal of legal consideration goes into a final divorce agreement. Consequently, the court system respects the decisions reflected in a settlement agreement and is cautious about changing them unless there is a significant reason to do so. This is especially true when minor children are involved.
However, a “substantial change in circumstances” may warrant revisiting particular aspects of the final settlement in some cases. Divorce modifications that are commonly requested and considered post-divorce include changes to
- Child custody and visitation
- Child support
- Spousal support (alimony)
When considering a divorce modification request, the court’s primary goals will be to ensure necessity, fairness, what is in the best interest of the child, and compliance with Virginia law. Consequently, the court will impose different standards and requirements depending on the kind of modification requested.
Child Custody and Visitation
For any child-related modifications, Virginia courts will always prioritize the best interests of the child. Because the child’s emotional needs and stability are the court’s first concern, it must ensure there are legitimate reasons for modifying a child custody order or visitation arrangement.
Common reasons the court will be asked to consider a modification in child custody include
- A parent’s relocation – When one parent relocates to another city or state, it can significantly impact the custody arrangements set out in the original divorce decree.
- A parent’s job change or work schedule – Parental job changes can impact a parent’s ability to adhere to an existing custody arrangement.
- A child’s needs – As the child grows, their needs and preferences can change, warranting a custody adjustment.
- Concerns of abuse or neglect – If there have been allegations of abuse, neglect, or child endangerment, this will be grounds for modifying an existing custody order to protect the child.
Child Support
Another critical aspect of a divorce decree is ensuring both parents fairly share their child’s financial needs. When parents seek a modification in their child support arrangements, the court will reassess both parents’ incomes, custody arrangements, and other factors and allocate them proportionately according to Virginia’s child support guidelines.
Common reasons the court will be asked to consider a modification to a child support order include
- Significant changes in a parent’s income – If either parent experiences a substantial change in income, whether a decrease or increase, it might justify a child support modification under certain circumstances.
- A change in custody or visitation – When there is a shift in custody or visitation arrangements, child support may also need to be adjusted accordingly.
- The child’s financial needs – If the child’s financial needs have changed, such as health-related or educational needs, these additional expenses may require a child support modification.
- Early emancipation – In Virginia, child support typically continues until the child reaches the age of 18 unless the child is still in high school. Then, it ends when the child graduates or turns 19, whichever comes first. If the child becomes emancipated before this, the paying parent may seek a modification to terminate child support payments.
Spousal Support (Alimony)
While modifications to alimony are possible, they are usually more restrictive. Depending on the type of support awarded in the original divorce settlement, alimony may not be modificable at all.
Common reasons for seeking alimony modifications include
- Significant income changes – If the paying or receiving spouse has experienced significant income changes, the court may consider modifying or terminating alimony.
- Cohabitation or remarriage – Virginia law allows for termination of spousal support if the receiving spouse remarries or enters into a cohabitation relationship with a new partner for a year or more.
- Retirement of the paying spouse – When the paying spouse retires, the court may agree to reassess their alimony obligation.
The bottom line is that courts will carefully consider a modification if certain legal standards exist:
- There is a substantial and material change in circumstances that warrants it – These changes must be significant, long-term, and not just a minor inconvenience or shift.
- It is in the best interests of the child – This standard always takes precedence to ensure the child’s welfare remains a priority.
The court will weigh all factors carefully, especially if the modification would impact or disrupt a stable environment for the child or impose financial hardship on either former spouse.
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Requesting a Modification to Your Divorce Settlement
Requesting the court’s approval for divorce modification in Virginia will require careful preparation and a structured legal process.
Determining Your Eligibility for a Modification
If you are considering a divorce modification, you will first want to consider the strength of your case.
The court will carefully evaluate your grounds for a modification to determine if there is a substantial change in your circumstances from when your original divorce decree was awarded. Consequently, you will want to look at your situation the way the court will.
It will be helpful to get the guidance of a Newport News, Virginia divorce modification attorney to understand how the court will look at your circumstances in the context of a legal modification.
Providing Evidence
You must be able to provide credible proof to support your case, clearly demonstrating the change in your circumstances and how your existing order no longer works. Documents you will need to gather to support your case can include
- Financial records, such as pay stubs, tax returns, or bank statements that show a change in income or expenses
- Medical records or school records that show a change in your child’s needs to support a request for a change in child support or custody
- Employment records or relocation information showing that your or your ex-spouse’s employment or living situation has changed
- Proof of cohabitation or remarriage showing a change in your or your ex-spouse’s living or marital situation
Filing a Motion to Modify With the Court
Filing a Motion to Modify with the court that issued your original divorce decree will be your first formal request for the court to review your situation and decide whether a modification is warranted. After filing, your former spouse will be served with the motion and all relevant documents.
The court may require mediation to encourage you and your former spouse to reach an agreement without the court’s intervention. If mediation is successful, any agreed-upon terms will be submitted to the court for approval.
If mediation is not required or fails to produce an agreement, your case will go before the court where both you and your former spouse will have the opportunity to present your side of the case, witness testimony, and evidence. If the court agrees to the modification, the new terms will be set out in a revised court order, which will replace the original provisions. Both parties will then be legally required to comply with the new terms.
What Happens if Your Former Spouse is Seeking a Modification You Disagree With?
Former spouses often seek modifications the other does not agree with. Furthermore, it is not uncommon for disputes to arise over the specifics of a modification, even if both parties agree that one is necessary.
Courts take divorce modifications very seriously. The requesting party has the burden of proving the need for modification and whether it is in the best interests of the child. If your former spouse’s circumstances have not changed significantly, or the modification would not serve the best interests of your child, this can strengthen your opposition. Having the assistance of an experienced Newport News, Virginia divorce modification lawyer can be critical to ensure your interests are protected in a modification case.
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Can You and Your Former Spouse Agree to Modifications Without Getting the Court Involved?
While you and your former spouse can agree to changes outside the court, such as visitation schedules and support alterations, these are only informal agreements. Consequently, if one of you stops honoring that agreement, the other has no legal recourse to enforce it.
If both you and your former spouse agree to a modification, you may be able to expedite the court process by submitting a Joint Motion for Modification. Once your agreement has been drafted and signed, the court will review it to ensure the changes are fair, reasonable, follow state guidelines, and are in your child’s best interests if they involve custody or child support. Once approved, the court will issue a new order that becomes legally binding and enforceable.
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Getting the Skilled Legal Assistance of a Newport News, Virginia Divorce Modification Attorney
Life will continue to change after your divorce, and some of these changes could impact the terms of your divorce settlement agreement. While modifications are available, Virginia courts will not agree to them unless there is a significant change in circumstances that would warrant it. Consequently, if you are seeking a divorce modification, you should be sufficiently prepared to set your case up for success.
At Melone Hatley, P.C., our experienced Newport News, Virginia divorce modification attorneys have a long history of helping clients modify the terms of their divorce settlement agreement. We understand what the court looks for to approve a modification and work diligently to ensure your modification request is well-supported and meets the court’s evaluation criteria. If you have questions about divorce modification or any other divorce needs, call our office at (757) 690-7779 or schedule a free consultation by filling out our website contact form.
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