Atlanta Modifications of Order Lawyer
Do you have a family law order in Atlanta, GA, that you need to change? If you need to modify your child custody, child support, or spousal support agreements, an experienced Atlanta modifications of order lawyer can help. Call 404-594-2143 to learn how Crystal Wright Law, LLC can help.
Our attorneys have nearly a decade of experience handling family law matters. We know how to ensure that your best interests are protected throughout the entire legal process.
Family law orders can be modified. That said, judges will want to see significant reasons. Are you seeking to modify a family court order? Do you wish to contest a request for modification? Call our law offices in Atlanta, Georgia, for a free consultation today.
Why Should I Call Crystal Wright Law, LLC for Help With a Modification of a Family Court Order in Atlanta?
Crystal Wright Law, LLC is an award-winning law firm with a proven history of helping families resolve complex and contested issues. We have the skills to develop workable solutions to help your family move forward and minimize the impact of a dispute.
Life inevitably changes. Important life changes can make an existing divorce order unworkable. Fortunately, the law recognizes this fact–and allows families to seek changes when circumstances do change.
That said, obtaining a modification is rarely simple. You deserve an experienced Atlanta family law attorney who can help you achieve your desired results.
Our Atlanta family lawyer has been recognized by Super Lawyers and Expertise.com for our success over the years. We’re here to help you understand your legal rights and options, as well as locate the evidence to support your position. Contact us today to learn more about how we can help.
What Is a Post-Judgement Modification in Atlanta?
Before your divorce can be finalized, a number of issues must be resolved.
Divorce settlement agreements contain final orders regarding several key issues, including:
A post-judgement modification requests a change with respect to one of these issues.
What Do I Have to Prove to Modify a Final Court Order in Atlanta?
Either party can petition to have a final family court order modified. The standard is a significant change in circumstances. Where a parent or ex-spouse has experienced a significant or material change in circumstances, the court may decide to modify a pre-existing family court order.
Changes that may be “significant” enough to convince the judge to make a change include:
- A change in either party’s income
- Significant changes impacting either party’s assets or resources
- Changes in one parent’s work schedule
- A child has developed new needs
- One party has begun living with a new romantic partner
- One parent’s living situation or home environment has changed
- One parent must relocate due to family or employment issues
- Either party experiences a change in health or mental health
- One parent has developed substance abuse problems
- Domestic violence has become an issue
Family law judges are not strictly required to grant a request for modification. That’s true even if one party can show that a significant change has occurred. Instead, the judge will evaluate the facts and circumstances when determining whether to grant a modification.
What Types of Court Orders Can Be Modified in Atlanta?
Not all orders can be modified. For example, orders governing property division are very rarely modified.
Examples of orders that can be modified include:
- Child custody orders
- Orders regarding parenting time and visitation rights
- Child support orders
- Spousal support orders
Modifications are typically not retroactive. So, if you owe child support, any modification likely won’t impact your prior child support obligations.
If you or your ex-spouse has had a change in circumstances, contact our lawyer in Atlanta today. It’s important to seek modification sooner rather than later. Our lawyer is prepared to handle the legal issues and facilitate negotiations if disputes arise.
What Should I Know About Child Custody Order Modifications in Atlanta?
Child custody decisions are always made based on what is in the child’s best interests.
What Types of Changes Can I Request?
Modifications typically request changes to:
- Physical child custody and parenting time
- How legal decision-making authority is allocated between two parents
- Division of parental responsibilities
Again, the standard is whether a substantial change has occurred in the circumstances of either the child or a parent. If that’s true, the judge can decide to modify a child custody order if it’s in the best interests of the child.
Why Would a Judge Modify a Custody Order?
Some reasons that a judge might modify a child custody order include:
- The child has reached the age of 14 and expressed a desire for the change in physical custody
- One parent is refusing to comply with the existing arrangement
- One parent is leaving Georgia or the area, making it difficult to continue the current arrangement
- The child’s needs have changed
- New evidence shows that one parent is an unfit custodial parent
If things have changed, our lawyer can help you obtain modification of a child custody order. Note that in urgent situations, it may also be possible to obtain an emergency order to keep the child safe.
Modifying a Custody Order Based on a Parent’s Relocation in Georgia
Generally, a custodial parent may relocate in Georgia. Parents can, of course, agree to a new arrangement. However, the non-custodial parent may object to the relocation. In these cases, it will be up to the family law judge to decide.
First of all, to relocate, the custodial parent must generally give 30 days notice. Any party with parenting time, custody or visitation rights must be notified.
What Factors Does a Judge Consider Before Modifying a Custody Order?
When two parents cannot agree on a new child custody order, the judge will consider a number of factors, including:
- Why the parent has decided to move
- The impact on the child’s relationship with their other parent
- The child’s relationship and history with each parent
- The relationship between the two parents
- Whether the relocation issue was addressed in the existing parenting plan
- The child’s opportunities in the new location
- How the move will impact the child’s standard of living
- Any issues involving domestic violence or substance abuse
Move-away requests are often hotly contested. It’s important to have an experienced attorney in your corner if you’re faced with a relocation issue.
Can I Modify the Terms of a Child Support Arrangement in Georgia?
Child support in Georgia is typically determined based on a calculator or formula. Each parent’s income, assets and obligations with respect to other children are relevant.
Of course, circumstances do change. Either parent can petition for a change in child support.
Modifications will typically only be granted if:
- A parent’s income has significantly changed
- The child’s needs have changed
Child support payments can be increased or decreased, depending on the circumstances. Past-due child support obligations cannot be changed.
Can I Obtain a Modification of an Alimony Order in Atlanta?
Spousal support in Georgia is not automatic. Initially, alimony orders are designed to maintain the requesting spouse’s standard of living after a divorce.
Typically, spousal support orders may be modified upon petition if:
- Either party has experienced a significant change in financial circumstances
- The spouse receiving alimony payments has remarried
- The spouse receiving alimony has begun cohabitating with a romantic partner
Requests for modification to spousal support are incredibly common. They’re not always easy to resolve. The best way to protect yourself is to hire an experienced Atlanta modifications of order attorney.
Can Property Division Orders in Atlanta Be Modified After a Divorce is Finalized?
Typically, orders governing property division in a divorce are final. However, there are some limited situations where a judge may decide to set aside a property division order. They typically involve fraud.
For example, you may petition to have a property division order set aside if your ex:
- Had hidden assets during the divorce to avoid a fair division
- Lied on their financial disclosures
Each spouse must have complete information throughout the divorce process. When one spouse deliberately took action to prevent their spouse from participating with accurate information, the judge may be willing to set aside an existing order.
What Types of Evidence Will I Need to Obtain a Modification of a Court Order in Atlanta?
Our lawyer can help you locate the evidence you need to prove your case in situations where a modification of an order is contested.
That evidence may include:
- Statements from family, friends, your child’s teachers, and other parties
- Testimony from experts in medicine, psychology, forensic accounting, and other relevant specialties
- Financial documentation, such as bank statements, pay stubs, tax records, etc.
Evidence that will be relevant to your case depends on the nature of the modification.
Contact Our Atlanta Modifications of Order Lawyer for a Consultation Today
Do you have questions about modifying a family court order in Atlanta? Contact Crystal Wright Law, LLC for a confidential consultation today. An experienced Atlanta modifications of order attorney can protect your interests at every turn.
