For many people, a family court order finalizes the matter they sought to address. They do not need to return to court to modify the final judgment. However, that is not the case for everyone.
Changes in circumstances and life events can result in the need to petition the court to modify an order in Douglasville, Georgia. However, courts do not modify final orders unless there is good cause. Therefore, it is crucial that you work with an experienced Douglasville modifications of order lawyer who understands the necessary procedures and requirements.
Our team of highly-skilled Douglasville family law attorneys has extensive experience in all types of family law cases. We handle complex cases related to divorce, custody, support, property division, and much more. At Bardley McKnight Law Divorce Lawyers, our legal team personalizes a strategy for your case that gives you the best chance of success.
Contact Bardley McKnight Law Divorce Lawyers online or call (470) 308-5409 to schedule a consultation with one of our experienced Douglasville family law attorneys to discuss a judgment modification.
How Bardley McKnight Law Divorce Lawyers Can Help if You Need To Modify a Family Court Order in Douglasville
We understand that you do not want to go back to family court. However, you might have no choice if circumstances have changed that impact your final divorce or custody case order. Our Douglasville judgment modification lawyers will diligently work to negotiate a new settlement agreement to avoid litigation.
Our founder and lead attorney, Melaniece Bardley McKnight, is dedicated to providing exceptional legal services to individuals and families dealing with issues related to family relationships. She leads a team of lawyers and legal professionals with decades of combined experience handling family law cases. Each member of our legal team is dedicated to helping you resolve your situation in your best interest.
When you hire our award-winning, top-rated Douglasville family law attorneys, we handle all matters related to your case, including but not limited to:
- Carefully listen to you explain your situation so we can provide a thorough assessment of your legal options
- Explain the process of petitioning the family court to modify a final judgment or current order
- Develop an effective strategy for obtaining your desired outcome
- Conduct an extensive investigation to gather evidence supporting your position
- Work with expert witnesses to strengthen your case when needed
- Attempt to achieve an amicable settlement through negotiations and mediation
- Proceed to trial and aggressively advocate for you, if necessary
Family law matters can seem overwhelming. Our legal team provides compassionate guidance and support throughout your case.
Call or contact us online to request your case evaluation with an experienced judgment modification attorney in Douglasville, GA. You are under no obligation to retain our law firm after your initial consultation.
Family Court Orders in Douglasville Are Based on Current Circumstances
When a judge hears your case in family court, they decide matters based on the evidence presented and the current circumstances. They do not try to imagine what might happen in the future.
However, life is filled with unexpected events. When something happens, filing a motion to modify the terms of an order is the only way to legally change the terms of the divorce judgment or final order.
Matters that might require modification of an order include:
- Child custody and visitation
- Spousal support and alimony
- Child support
- Pet custody agreements
- Parenting plans
Typically, support and custody matters are the most common judgment modifications. Courts do not modify the terms of property division or divorce without strong evidence that the order is unlawful or the court made a significant mistake.
It is crucial to seek legal advice as soon as you realize that you might need to modify a judgment. Generally, courts do not apply modifications retroactively. Therefore, you must abide by the current court order until you receive another order from the court changing the terms.
Because modifications of orders in family court are complicated and challenging to obtain, it is best to consult with an experienced Douglasville modifications of orders lawyer as soon as possible.
Modifying Alimony Payments After a Divorce in Douglasville, GA
Alimony is not guaranteed in Georgia divorces. However, judges have the authority to order spousal support when they find a need for support and the ability to make payments. The person petitioning the court for a modification of alimony must prove a substantial change in circumstances.
Examples of situations that might justify a modification of spousal support in Douglasville include:
- The party receiving alimony payments gets married
- A spouse experiences a significant increase in income or financial status
- The party receiving alimony payments cohabits with a romantic or sexual partner
- One of the parties becomes disabled and cannot work
Alimony modification can be tricky. If you are receiving alimony, a judge could determine that you no longer need the support. In many cases, the spouse paying alimony payments asks the court to lower or terminate their payments.
Informal Agreements Are Not Sufficient To Modify an Order
You and your ex-spouse might agree to modify the terms of an order. For example, you might agree to change visitation or where your child lives. Alternatively, you might agree to change the amount of support payments.
However, your agreement is not legally binding, even if you put it in writing. The court will not enforce informal agreements between you and your ex-partner. The court could hold a party in contempt of court for failing to abide by the terms of the current order.
Instead, one person must petition the family court for a modification of the order. You can submit a proposed agreement for the court to consider. If the agreement involves your children, the court will closely scrutinize the agreement to ensure it is in the children’s best interests.
Fighting a Petition To Modify a Divorce Agreement in Douglasville
You might not agree to the proposed changes your ex-spouse requests for child custody or support payments. You can dispute the petition to modify an order.
Our modification divorce attorneys in Douglasville can advise on whether you have grounds to fight the petition or if it is better to try to negotiate a resolution. In every situation, we explain all your legal options and provide legal advice so you can decide how you want to proceed.
Can You Modify Child Custody and Parenting Plans in Douglasville, GA?
Child custody and visitation is one of the most common reasons someone petitions the family court for a judgment modification. Circumstances change over time, so the court recognizes the need to change custody terms during the years before the child becomes emancipated.
Reasons for modifying child custody in Douglasville include, but are not limited to:
- A parent obtains a new job and needs to modify visitation schedules
- The child turned 14 years old and wishes to live with their other parent
- A parent desires to move to a new area or state
- There is new evidence that a parent is unfit to have custody
- A child’s schedule or needs require modifications to custody terms
The court grants modifications for a substantial change in circumstances. The judge considers modification petitions on a case-by-case basis. Above all else, the judge considers the child’s best interest when deciding requests for modification of child custody.
You may request a modification in legal and/or physical custody. The circumstances could justify a change in the custodial parent because it is not in the child’s best interest to remain in their current home. Our legal team can help you assess your situation to develop a new custody agreement that meets your child’s needs.
It is important to note that emergency child custody cases do not follow the same rules. If your child is in immediate danger, you can file a Motion for Emergency Child Custody to ask for changes in custody that protect your child.
Modifications in Child Support in Douglasville, GA
Georgia uses standard child support guidelines to calculate child support obligations. The child support guidelines provide a base for child support payments. Judges can deviate from the child support guidelines in some situations.
Judges modify child support when a substantial change in circumstances occurs. Temporary unemployment would probably not justify modifying child support. Examples of situations that could justify a modification of child support in Georgia include:
- A parent becomes disabled or sustains a serious injury that results in a significant decrease in income
- A parent loses their job involuntarily and has not been able to find employment after diligent and reasonable efforts
- The needs of a child change
- A parent’s income substantially increases or decreases
- The birth or adoption of another child
Initially, you can modify child support at any time. However, after that, the court will not modify a child support order for two years absent exceptional circumstances.
Schedule a Consultation With Our Douglasville Modifications of Order Lawyers
Do you have a situation that might justify modifying the final judgment in your family law case? If so, call our law firm to schedule a case review with experienced Douglasville modifications of order attorney. We’ll review your situation and advise you of your legal options and how we can help you resolve your situation.
