Adjusting to changes in your family structure can be difficult following a split or a divorce. Family law settlements are designed to provide stability and clarity for families navigating these difficult transitions; however, the unpredictable nature of life could cause the terms of the agreement to no longer align with the needs of the parents and children.
Seeking modification to current family law order
If you’re considering seeking a modification to your child custody, child support or spousal support arrangements, understanding the process and criteria to illustrate the need for modification is important.
At Langlois Family Law, APC, our law firm understands that life is not linear. What was pertinent and critical when a family law agreement was established may no longer be relevant today. Life is filled with many changes and surprises, which is why our attorneys focus on these changing needs when guiding our clients to an optimal outcome.
Reasons for modification
One of the most common reasons for a modification is a significant change in circumstances. For child custody, this could include a parent relocating, a change in work schedule or concerns about a child’s wellbeing. Requests to modify child support often arise due to shifts in income. This includes situations such as job loss, promotion or a change in the child’s financial needs, like increased medical expenses.
For spousal support modifications, this request typically stems from changes in either party’s employment status or financial health. Additionally, when the receiving spouse remarries or cohabitates with a new partner, this could trigger the need to modify or terminate support payments.
Modification granted
Courts do not automatically grant settlement modifications, but rather they weigh requests against legal standards. For a modification to be approved, a substantial and continuing change must have occurred since the original order. The court prioritizes the best interests of the child in custody and support cases, carefully evaluating whether the proposed change will positively impact the child’s welfare. In spousal support cases, judges consider whether the financial shift is genuine and lasting, rather than temporary or self-imposed.
If you believe your situation warrants a change to a current family law order, it is important that you understand your options and rights. A family law professional could help you evaluate your options and answer questions about the modification process.