Modification of Prior Court Orders
When your circumstances change, we work with you and your ex to modify your Court Orders.
If your initial action has already concluded, some things from the final documents can be changed. If you need to make a change to your alimony award, the child custody decision, parenting time for your children, the amount of child support in your final paperwork, these things can be changed – give us a call. While these things can all be changed, they must be changed by a Judge either after the parties agree or or by a Court Order.
What Is Modification?
If your current court orders aren’t working for you, the first step is to talk to your former partner and see if you can reach an agreement together. If that doesn’t work, come talk to us. We want to help you have the best future with your ex possible, and that frequently is through adjusting your Court Orders to fit your current situation amicably. We have negotiated hundreds of cases, and have most likely dealt with your situation and conflict before. Maybe there is a solution to your issue you haven’t thought about.
If you aren’t able to work it out with your ex, some things in your prior Orders can be changed and some things cannot. You and your co-parent can modify parenting time (also called visitation), but only a Judge can change alimony, child custody provisions, and child support. Once you have an agreement with your former partner, it is important to put it in writing and submit it to the Judge for approval. It is possible to change things on a temporary basis to see if the change needs to be permanent.
How do I figure out how to fix the parenting schedule?
In deciding what parenting plan is best for your child or children, draw the plan out on a blank calendar to see how the plan changes over the month. Look at how your desired plan affects their extra-curricular activities and school responsibilities. Will both parents be able to take them to their activities? How long is the gap of time where they don’t see the other parent? Make sure the schedule you want, is what is best for your child.
Children also like to see when they will be with each parent, and know where they are going to sleep at night. It is helpful to have the scheduled mapped out, where the children can access it as well.
What If I Have Lost My Job and can’t pay my child support or alimony?
If you lose your job, it is important to tell your former partner and the Court right away. Remember, only a Judge can change your child support or alimony obligation. So the best first step is to tell your former partner that you have lost your job, and you won’t be able to pay your financial obligations. Tell them when it is going to impact them. Try to find a solution together. Also, file for a Modification with the Court as fast as you can. In Georgia, the Court can’t change the amount of support retroactively. They can’t reduce your past due amount, also called arrears, once it has been incurred. You can ask the Court to change your obligation temporarily, for a few months, and then go back to Court on a final basis. Hopefully, in the time between the temporary hearing and the final hearing, you will have found a new job, and the amount can be adjusted again to match your new income level.
