Helping You Modify Court Orders
For some people, changes in life’s circumstances present the need to change divorce decrees and court orders. People are legally entitled to seek divorce modifications when there has been a “substantial and material change in circumstances.” These actions are usually referred to as “post-divorce” modification actions. For instance, one parent’s income may have changed significantly. Or, a parent’s relocation may require changes to the original parenting plan.
At Parker and LaDuke, we offer attentive and experienced help to people interested in modifying their divorce decree. We also represent people who may be contesting such proposals. To schedule your consultation, call us at 865-888-5707. You may also contact us online and someone will be in touch with you promptly.
We offer a reasonable $50.00 consultation fee (applied towards bill if our firm is hired) for family law matters. We accept VISA, MasterCard and Discover. Long distance telephone consultations are available with a credit card. Payment plans are available in most cases.
What Can Be Modified?
Our attorneys are here to answer any questions you have regarding potential changes. Generally, modifications can be made to child custody and child support upon a proper showing. Property settlements are not typically modifiable. Some types of alimony can be modified, although it depends on the type of alimony awarded.
Child Custody Modification
Child custody can be modified for a variety of reasons. The threshold question is whether there is a “substantial, material change of circumstances.” What might constitute this?
It can be as simple as a parent relocating to another area for a new job or as serious as a custodial parent engaging in parental alienation by regularly interfering with the other parent’s visitation and systematically undermining the child’s relationship with the other parent. If the child is twelve years old or greater, then the court is required to take the child’s stated desire where they want to live into consideration in its decision.
For a discussion of the jurisdictional issues that may arise in child custody modifications please see our child custody practice area.
Child Support Modification
Child support can be modified if you meet the following criteria:
If the child support order was made before January 18, 2005, then
1. The income of the parent paying support must be fifteen percent (15%) greater or less than his or her income at the time the initial child support order was set, or
2. There is an additional legal child or children being supported by the parent, and
3. A new child support calculation (presumptive proposed support order) shows that the new child support order would result in a fifteen percent (15%) percent variance (increase or decrease) from the previous child support order.
If the child support order was issued after January 18, 2005, then
There must be a fifteen percent (15%) variance between the amount of the current child support order and the amount of the new child support calculation (presumptive proposed support order). You will be entitled to a child support modification if there is at least a fifteen percent (15%) variance.
The requirements are different for people who qualify as low income providers.
Our firm offers complete representation throughout the process of obtaining divorce modifications. We file motions and offer a new proposal.
Contact Our Lawyers In Knox County
Contact us to schedule an appointment.