What Are Some Common Mistakes People Make Regarding Child Support and/or Child Custody Agreement Modifications?
Often times, people will rush through the settlement of a divorce or agree on terms “for the time being”, with the thought that the issues can be modified later. This is a big mistake because some issues, like property division, can never be modified. Other issues, like custody, can be modified but only after meeting the heavy legal burden of proving a material change of circumstances.
For child support modifications, a mistake that is commonly expressed is that the court will only look at a decreased income of a payer and not at other financial factors such as securities, savings accounts, or lifestyle. Although a new spouse’s income cannot be calculated in a child support obligation, the Court can certainly consider it as a factor that a divorced party has an additional wage earner in the new household.
What Are Some Reasons A Request Would Be Denied?
If the Court, as the Trier of fact, opines that the petitioning party of child custody modification has not met his or her burden of proof that a material change of circumstances has occurred since the last court order that adversely affects the minor children, then the court will deny the petition. Common complaints that often do not equate to a material change in circumstances include children not wanting to visit the other parent (the older the child the more their choice is a factor). Other reasons could be parents not getting along, or lifestyle choices of a custodial parent which may be poor but do not affect the children.
How Long Does It Typically Take For A Modification To Be Granted?
Any contested family law litigation can easily take several months on average.
Why Would Someone Need An Attorney To Handle Child Custody and/or Child Support Agreement Modification?
Modification actions have many challenging legal issues for both the petitioning and defending parties and they can often turn on important procedural matters. The stakes are high in a modification action and these suits are better off handled by professionals who work them for a living. You wouldn’t operate on yourself, would you?
If you are Facing Issues In Child Custody Matters, call the law offices of Stephanie Salb, P.C. for a free initial consultation at (770) 271-1843 and get the information and legal answers you’re seeking.