DIVORCE • PERSONAL INJURY • MARIETTA ATTORNEYS YOU CAN TRUST • CRIMINAL LAW • FAMILY LAW
The law in Georgia allows for parties coming back to modify the existing orders regarding their child custody, visitation rights, child support, and alimony. These things can be revisited in order to add flexibility in accordance with new circumstances.
A good example would be if a payor gets fired from his/her job through no fault of their own. This would be a major change in the financial structure of the two parties and their ability to care for the children. The party who was let go due to company layoffs, could no longer be expected to carry the same payload as decided before. Most usually, however, property division does not fall under the category of 'modifiable'.
When there are modifications made regarding visitation and custody, the attorney must be aware there are different thresholds to be considered. There are time restrictions as well. Within the O.C.G.A. it is stated quite clearly that - In any cases where custody of a child has been awarded to one party, that portion of said judgment that affects the visitation rights of the two parties or their parenting time, is subject to review, modifications, or an alteration, without needing to show any change in material conditions and/or circumstances of either party, as well as those of the child, provided the review and/or modifications or alterations do not take place more often than once every 2 years following the date of the original judgment.
However, this sub-section does not limit nor restrict the judge's power to enter a judgment that is relevant to the custody agreement in any new proceedings that are based on showing a change in material conditions, circumstances, or situations, regarding one of the parties or the child.
Once a divorce is final, a court will issue an order that lays out the rights and obligations of both ex-spouses. Final divorce orders can include the obligation to pay child support, the right to receive alimony, as well as lay out each parent's right to custody or visitation.
Divorce orders aim to reflect both parties' abilities and needs at the time the divorce was finalized. However, situations can change over time, which could make your existing divorce order outdated. If you have experienced a substantial change in circumstances, you should speak to an experienced Marietta divorce modification lawyer as soon as possible to discuss modifying your existing divorce agreement.
Schedule a 30-minute initial consultation with a Marietta attorney for divorce modification today by calling 770-795-9596. You may also contact our Marietta firm online and we will respond promptly to discuss your situation.
It is important to have an experienced family law attorney on your side when you ask for a divorce modification. For example, petitioning the court and arguing that you can no longer afford your alimony or child support payments will likely result in a denial. You must prepare thorough arguments and show that a material change in your circumstances necessitates a modification.
A court will consider several factors, including:
You and Marietta Divorce Attorney Diana Whipkey Young can discuss your specific situation during a confidential consultation. You will receive honest advice and can learn whether pursuing a modification is in your best interests.
For experienced representation from a Marietta modification attorney, call our law firm at 770-795-9596. You may also contact us online to set up your 30-minute initial consultation with one of the best divorce modification lawyers practicing in Paulding County, Bartow County, and Cherokee County.
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