We hear too often that people are “stuck” in their situation after their divorce or separation. They received a court order for child custody and/or support and feel like they’ll never get out of this until their child ages out.
The truth is that your situation can change and these orders can be modified under certain circumstances (which we touched on previously.) Sometimes these modifications can be made easier when both parties agree, but in some cases, you may have to go to battle for your child’s best interests and your rights.
Mutual Uncontested Modifications
Mutual agreements to make modifications are preferable and rather simple. If both parties agree that a change is necessary and there is no reason for the court or your child to object, there should not be much of an issue. As long as both parties are willing to sign the necessary paperwork and there are no hesitations from the court, your order can be modified.
The court will generally still require you both to wait a year from the date the order was originally signed to make the modification, however. If the court suspects that the “mutual” change is being done due to threats or pressure and is, in fact, not in the best of the child, the court can reject the agreement.
Default Uncontested Modifications
An uncontested modification can also occur if one party refuses to respond or participate in the process. For instance, if you petition the court to make a change and the other parent is served but declines to file a response, the court can still proceed.
In these cases, the court would provide a default judgment to modify the order(s) as they see fit. This does not guarantee that your request will be approved, as the court will still require a material and substantial change in circumstances to make such a change.
Contested Modifications
Modifications get more complicated when the two parties cannot agree. In many cases, one parent believes their circumstances have changed enough to prompt additional visitation rights, and/or lower child support payments.
When this happens, the court will hear both sides out before rendering a decision. Are the changes in the best interest of the child? Have the circumstances changed in a meaningful way since the order was first handed down?
You will both attend one or multiple hearings to address the changes and state your case. You should have a lawyer even in uncontested cases, but it is especially important to have an attorney like Tycha Kimbrough with Kimbrough Legal by your side.
Divorce Wise™
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