If you are approaching a potential divorce modification in Georgia, you might have heard the phrase “change of circumstance.” What exactly does this phrase mean, and how can it affect your upcoming modification? This is a common question, and one that you might want to explore alongside an experienced divorce attorney in Georgia.
Modifications Are Only Possible After Substantial Changes in Circumstances
The first thing you need to know is that a “change in circumstance” is a necessary first step when pursuing a divorce modification. Whether you want to pay less child support, spend more time with your kids, or increase your alimony, you first need to establish that the circumstances have changed.
Only substantial changes in circumstances can lead to modifications in Georgia. Minor changes are unlikely to cause the court to change existing orders on child support, alimony, and child custody. While you can’t change a custody or support order on a whim, they are not exactly set in stone, either.
What Are Some Examples of Changes of Circumstances?
So what exactly “qualifies” as a change of circumstance? It depends on the situation. If you’re trying to modify child custody, the family court will consider changes that impact the child’s best interests. For example, the family court would likely see abuse or neglect by one parent as a change of circumstance. If one parent moves away from the child’s former neighborhood, the family court may also see this as a change of circumstance. The logic here is that the child’s travel time would be excessive as they go back and forth.
Many changes are purely financial. For example, one parent might lose their job and struggle to find new work. In this situation, the parent might petition for a reduction in their child support obligations. The same type of modification might occur if the parent becomes disabled and is unable to work.
Increases in income and wealth may also lead to modifications. For example, a parent might inherit a considerable sum of money. In this situation, the family court may feel that this parent is no longer eligible to receive child support. A parent who pays child support might get a raise, and this may allow the other parent to ask for more child support.
Can I File a Petition for a Modification?
If you’re not sure whether you can file a petition for a modification, contact a family lawyer. These legal professionals can assess your unique situation in more detail.
Can a Georgia Family Law Attorney Help With My Modification?
If you’re approaching a divorce modification in Georgia, you might want to speak with an experienced lawyer to learn more about the process ahead. A change of circumstance can mean many different things, depending on your unique situation. Online research may not provide the necessary level of personalized guidance, so consider speaking with Lankford & Moore Law for more information.
