Disclaimer: The Law Office of Afsana Chowdhury, PLC does not handle cases involving Modification of Order. The contents of this web page are for informational purposes only.
If you experience a significant life change such as job loss, injury, or relocation, you may need to seek a modification of your divorce agreement concerning parenting time, child support, or alimony obligations. You must file your modification petition with the court that issued the original order. Your petition should clearly explain how changes in circumstances necessitate the modification.
During this process, you are almost certainly going to need an experienced Fairfax family lawyer on your side. Our legal team at The Law Office of Afsana Chowdhury, PLC can organize the entire process for you and help you present your proposals more effectively. We will be available to answer your questions, and you will have 24/7 online access to your case file so you will know what is going on at any moment. If your ex-spouse contests the changes you propose, we can navigate any legal complexities that may arise.
If economic downturns or changes in your job responsibilities render the original parenting plan impractical, the court may consider these valid reasons for modification. Nevertheless, a court will evaluate your case on its own facts. If you are the one who is asking for modification, you shoulder the burden of proof.
Because of this, you are going to need a knowledgeable attorney who understands state and local laws as well as the local judicial procedures in Fairfax, VA. Contact our Fairfax modifications of order lawyers by calling us at (703) 271-6519 today to get started with an initial consultation.
How The Law Office of Afsana Chowdhury, PLC Can Help You Modify the Terms of Your Divorce in Fairfax
At The Law Office of Afsana Chowdhury, PLC, we understand how sensitive family relationships are, especially when children are involved. We realize that family law matters must be handled with care and discretion. We pride ourselves on the personal approach we take to family law matters and on our ability to communicate clearly and effectively.
You are a person, not a case number, and we never forget that. Below we list some of the ways we can help you.
- Detail the precise alterations you wish to implement in your current divorce decree
- Clarify the procedural steps for lodging a motion to adjust your decree
- Assemble supporting materials to bolster your case for the changes you propose
- Guide you through alternative dispute resolution methods like mediation or arbitration
- Manage all dialogue with opposing parties and their legal representatives.
- Provide you with advice and support during mediation or arbitration.
These are just a few of the ways we’ll be able to help you modify the terms of your divorce in Fairfax, Virginia. Contact us today to schedule a consultation if you’d like to learn more.
Modifying the Terms of Your Divorce Decree: How It Works
When a couple divorces, the judge will issue a divorce decree that covers relevant issues such as property division, child support, child custody, and spousal support. In non-contentious divorces, this decree reflects the voluntary agreement of the divorcing spouses. In contentious divorces, it might not equally reflect each spouse’s preferences.
Courts generally do not like to modify the terms of a divorce decree, but they will do so if changes in circumstances necessitate a change in the terms of the decree. This is especially likely if changes are necessary to protect the best interests of a child. The only matters a court will not reconsider are property division issues. Courts frequently modify child custody/time-sharing, child support, and spousal support issues.
Modifying Child Custody or Time-Sharing Arrangements
Factors that might justify modification include:
- Behavioral or emotional issues: Changes in the child’s behavior or emotional well-being that necessitate a different parenting approach.
- Changes in work schedule: Involuntary alterations in a parent’s work hours that conflict with the existing time-sharing schedule.
- Child’s extracurricular activities: Changes in the child’s involvement in extracurricular activities that require schedule adjustments.
- Child’s health needs: Changes in the child’s health needs, such as therapy or special care, requiring modifications in time-sharing.
- Educational needs: A child’s educational requirements or change in schools that necessitate adjustments in the time-sharing plan.
- Health issues: Either the child or a parent develop significant health problems that require a different care schedule.
- Legal issues: One parent facing legal troubles, such as criminal charges, that might impact their ability to provide the child with a stable environment.
- New siblings: The birth of a new sibling in either parent’s household that might affect the child’s living arrangements.
A family lawyer can help you evaluate whether your change in circumstances might warrant a judgment modification.
Modifying Child Support
Life changes that could justify modifying child support:
- Change in custody: A significant change in custody arrangements, affecting how much time the child spends with each parent. The non-custodial parent is typically the parent who pays child support.
- Change in employment status: One parent losing their job or experiencing a significant involuntary decrease in income.
- Change in legal obligations: New legal obligations, such as support for another child or a dependent, affecting a parent’s financial situation.
- The child’s educational expenses: Significant increase in educational expenses for the child, such as private school tuition or college costs.
- The child’s health care needs: Major changes in the child’s health care needs, such as expenses for chronic illness or special needs.
- Increased cost of living: A substantial increase in the cost of living affecting the child’s needs or the parent’s ability to pay.
- Parental disability: A parent becoming disabled, significantly impacting their earning capacity or expenses.
- Promotion or salary increase: A substantial increase in the paying parent’s income or financial status. This might justify an increase in child support payments.
- Remarriage: A parent’s remarriage, potentially impacting the household income and the financial needs of the child.
- Substantial inheritance: A parent receiving a substantial inheritance or windfall, altering their financial capabilities.
The best way to determine whether you qualify for a child support modification is to contact an experienced family law firm. A family lawyer can help advocate for an increase or decrease in child support based on major life changes.
Modifying Spousal Support
Life changes that could justify modifying spousal support
- Cohabitation of the parent receiving spousal support: The recipient spouse cohabitating with a new partner, which might reduce their need for financial support.
- Remarriage of recipient: The remarriage of the recipient spouse, which can reduce the need for financial support.
- Decrease in income: A significant and involuntary decrease in the paying spouse’s income that renders the original support amount unsustainable.
- Health issues: Significant health issues impacting either spouse’s ability to earn income or increasing their financial needs.
- Increase in income: A substantial increase in the recipient spouse’s income, potentially reducing their need for support.
- Inheritance: A substantial inheritance received by the recipient spouse, altering their financial situation.
- Involuntary job loss: The paying spouse loses their job or faces long-term unemployment.
- Retirement: The retirement of the paying spouse, particularly if it is a planned retirement at a customary age.
If you are curious whether you might be entitled to a modification of your spousal support award/obligations, contact our law office today to schedule a consultation.
Schedule a Free Consultation With a Fairfax Modification of Order Lawyer
Unlike many other family law attorneys, we charge flat fees for all of our services. That puts you and us on the same side. To schedule a case consultation, contact us online or call us at (703) 271-6519 We look forward to hearing from you!