Concord Modification of Court Orders
Concord Modification of Court Orders, NC Family Law
From time to time circumstance may change justifying a modification of court orders. Child custody and child support orders are always modifiable as are spousal support orders, regardless of whether the order says that it is “permanent”. The court always has jurisdiction to modify such orders.
To modify an existing order on child custody, we first must be able to prove that since the current order was entered there has been a substantial change of circumstances warranting a change in the custody arrangement and that such modification would be in the child’s best interest. Examples of reasons that may justify a modification of your currant arrangement are a change in your work schedule and/or living arrangements, relocation of one of the parents, and changes in your child’s needs just to name a few.
To modify an existing child support order there must be a substantial change in circumstances that has occurred since the entry of the current court order. If the current court order was entered at least three (3) years ago, and a new calculation of child support results in a difference of 15% or more between the current order and the projected child support amount, a substantial change in circumstances is presumed. In situations where three years has not passed since the current order was entered, the moving party may be able to show a change in circumstances warranting a modification. Examples of situations that could possibly justify a modification are as follows: a change in either parent’s gross income, a change in health insurance, a change in child custody resulting in a different child support worksheet calculation, a change in work-related child care expenses, a change in the child’s needs, a change in the number of children a parent is responsible for, etc.
An order on spousal support may be modified upon a showing of changed circumstances that are substantial. This substantial change of circumstances must demonstrate that the current award of spousal support is wither inadequate for the dependent spouse or unduly burdensome for the supporting spouse.
For more information on getting your court order modified, please contact Rutherford Robertson, P.A. to schedule your consultation today.
related services are Enforcement Of Court Orders.