When a child custody case or a divorce has been concluded, you might want to amend the terms of the case when they’re not favorable. It doesn’t matter if it has to do with issues with a parenting plan or awarding of custody, it is possible for modifications to be granted as long as some conditions are met. You should be looking for a divorce attorney Mesa so as to explore your options.
The reason for seeking such a modification will be unique from one individual to another. Some of the common reasons will include:
Child support orders can’t be negotiated. This is true also for some spousal support orders. There could be a clause in the order that allows for adjustments at the end of every year. That means that a modification request can only be heard once a year and there are no guarantees that it will be granted. Request for child support reduction will only be granted if there is more than a 10% change in circumstances for the supporting parent. If the request is granted, another request for modification will only happen after one year.
The orders will also have to be modified once the child becomes an adult or one of the parents gets married again. It is the responsibility of the supporting parent to bring forward a motion once the child graduates from high school or turns 19 years of age.
In the event that one of the parents is moving out of state, there will be a need for drastic changes to the parenting plan that is currently in place. Even plans that were initially 50/50 will have to be modified as it will mean the child spending summer with the parent that has moved out of state. When it comes to matters to do with child custody and visitation, the judge will look at the child’s best interests. There will be a 12 months wait period for any modifications once orders have been issued.
If the relationship is amicable, there could be verbal agreements on the modification without necessarily involving the courts. You’ll need to make sure that there is proper documentation even for a verbal agreement. This is because the other parent could use the situation to request for modification because of noncompliance with the original orders yet the decision was mutually reached.
Even if you’re still on good terms with the other parent, you’ll not want to take chances with a verbal agreement. You need to make sure that everything is being done by the look. To learn how we can help, visit https://familylawattorneymesaaz.net/
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