Beckley Post-Divorce Modification Lawyer

Beckley Post-Divorce Modification Attorney

Circumstances change. And this may cause the legal orders from divorce to no longer fit. The family court has a system for changes to court orders through modifications. Though similar to appeals, modifications are for family court decisions, while appeals are for criminal court.

Appeals and modifications are two terms that might be commonly confused. The main difference between them is that appeals are significantly more difficult procedures, and the legal process of modifications is much more lenient. This is because appeals are meant to correct a failure in the criminal court legal system, while order modification is in response to a change in life.

Experienced After Divorce Order Modification Attorneys

Erica Lord Law Group wants to help you work through order modifications effectively and easily. Circumstances change, and family court orders should adapt to the needs that arise from those changes. You may be worried about the current situations you’re dealing with that are outside of your control, and you may feel concerned about how the possibility of changes to a current court order might require penalties. We have a detail-oriented team that can help you draft an effective order modification petition. Let the experienced attorneys at Erica Lord Law Group handle the process and advocate for a more reasonable order to reflect your situation.

Why Do I Need a Post-Divorce Order Modification Attorney?

The process of requesting an order modification can be much more difficult without a qualified family law firm. For a much quicker and more effective process, it can be useful to hire legal counsel. That way, someone who understands divorce family law, as well as child custody and support, can determine the specifics of your situation, and they can evaluate how they may impact a modification. An experienced family law attorney can help you determine which changes in the standing order would be appropriate. They can also help you prepare for the hearing.

What Is the Order Modification Process?

Filing a motion for standing family court order modification in Beckley, WV will require an outline of what would need modification and an explanation of the significant change of circumstances that require these changes. Some changes of circumstances that might have occurred since the finalization of your divorce may include:

• Changes in resources or income that prevent paying support. One party has lost their job or has suffered a significant reduction in their income. This loss must be both long-term and outside of their control in order to qualify for an order modification.
• Health concerns or complications for either party or for children. A sudden injury or illness could affect a parent’s ability to meet their custody or support responsibilities, and it could affect their ability to pay spousal support. Medical expenses in children could also require increased child support to cover this change in financial demands.
• New information or changes in life, like retirement, relocation, or remarriage, which are directly relevant to the family court orders.

An experienced divorce order modification attorney can assist you in creating this motion for modification, and they can ensure that all the sufficient evidence is compiled. Once the family court receives your motion, they will schedule a hearing, at which point other parties affected by the court order will be informed. Depending on the modifications and your relationship with the other party, they may or may not contest the modification petition.

Your attorney can prepare you for the hearing, where you and the other party will discuss the issues regarding the initial order and the modification to it. Often, modifications are decided following one hearing, but this is not always the case. In most cases, once the judge reaches a decision regarding the modification, any changes will be instantly in effect.

Modifications for Child Custody and Support

As with the initial family court order, the main factor for modifying child support and custody is the child’s best interests. Often, there are requests for changes in child support in response to an increased cost of living. Child support could also be changed by an increase or decrease in one or both parents’ incomes. In cases of child custody, the court will consider a continued parent-child relationship with both parents, except in cases of domestic abuse.

In visitation orders, modifications may be made if there is a failure by one party to cooperate with the set schedule or new factors like relocation or another circumstance cause an inability to remain consistent with the standing visitation orders.

FAQs About Beckley, WV Post-Divorce Modification Law

How do I modify a custody agreement?

If you believe that there has been a change in circumstances that affects a standing family court order, you can draft a petition that states so. In this draft, you may bring forward the changes you would need to make. Then, a hearing will be scheduled, and your ex-spouse or other parties involved in the court order will be able to contest the petition. Both parties have a say about the issue in the hearing.

Which events are considered a change in circumstances?

A change in circumstances that could require a post-divorce order modification may be a significant change in income for either party, a change in resources, an involuntary loss of employment, retirement following the age of 65, changes in the needs of a child, disabilities or health concerns for either party or the children, relocation, or remarriage.

At what age can a child make a custody decision?

At any age, a judge can overrule a child’s preference, but West Virginia law often gives more weight to the wishes of children 14 years or older. The child’s best interests outweigh their own preferences in the court, but their wishes may be a factor in considering their best outcome.

Can a 12-year-old decide which parent to live with?

If a judge considers a child younger than 14 as significantly mature and demonstrating well-reasoned preferences, they may choose to give their wishes more weight in the case. That is, however, dependent on the judge’s discernment. Even children older than 14 may not have their wishes met based on what their best interests are in the eyes of the judge.

Beckley Divorce Order Modifications

Erica Lord Law Group has experience with several complex family law matters, including petitions for divorce order modification. Our post-divorce modification lawyers can work with you to create a compelling statement. Contact our firm to learn more about life changes that can lead to order modification.