Modifications of Orders in Charleston
Seeking a Modification to Your Court Order?
In the time following a divorce, the financial and personal circumstances of each spouse can change dramatically. For this reason, modifications to certain terms of the divorce are common. Because the court must agree to modify the order in question, the change must be significant enough to warrant the court’s involvement.
At Shaw Law Firm, LLC, our Charleston family law lawyers can handle any type of modification of orders. Attorney Heather Shaw can provide skilled counsel whether you need to make a change to a child custody agreement, child support order, or spousal support payments. Terms relating to children and support are rarely set in stone. Contact our Charleston family law attorneys to see if you qualify to modify your previous court order.
When Can Child Custody Be Modified?
The court will only make a child custody modification if it can be demonstrated that such an action is in the child’s best interest. If the other parent has developed addiction issues, is living with an abusive partner, or is experiencing other potentially harmful circumstances, a court may decide that a custody modification is warranted.
Child custody modifications can also be made if your circumstances have improved, and you are now in a position to be the custodial parent. Courts will always try to act in the best interests of the child, so it must be demonstrated that a change in custody will mark a significant improvement in their environment.
Seeking a Child Support Modification?
A modification can change both the amount and terms of a child support order. To be considered for a child support modification, you must be able to demonstrate a substantial change in financial circumstances for either of the parents, or a significant change in the needs of the child or children involved.
- Common reasons for a child support modification include:
- Substantial change in the child’s needs
- Incarceration of either parent
- Either parent becomes disabled
- Change in state child support laws
- Significant increase in income after marriage
Usually spousal support payments made on a periodic basis can be subject to a modification. In many cases, an alimony order will define certain circumstances under which it will be changed or terminated. Alimony modifications can only be made if a substantial change in financial circumstances can be demonstrated.
After alimony is ordered, a modification may be ordered if a substantial change in circumstances has occurred. If one party is now earning significantly more or less money, there is a strong argument that alimony should be modified.
Hire an Advocate with Modifications Experience
Our Charleston family lawyers at Shaw Law Firm, LLC has a wide range of experience with family law matters, which gives her unique insight into modifications. Attorney Heather Shaw has a comprehensive understanding of alimony, child support, child custody and other court orders, allowing her to craft strong and effective strategies to obtain modifications.