Your circumstances can change after a divorce, making your original child support and custody agreement unreasonable or unfair. Any number of factors can influence the status of your support and custody order, such as new job, serious illness, job loss, , etc.
Modifying a child support or custody agreement isn’t always easy; you must establish that the adjustment is a substantial and continuing change from your original judgment and that it is in the best interest of your child. If you and your ex-spouse agree on the terms of the modification, changing the settlement will be simple. The only possible hindrance is the court’s decision to deny it.
If you and your ex-spouse agree to change the settlement, your attorney can file the new agreement with the court to get it approved. In most cases, the process ends here. If you and your former spouse do not agree, filing to modify your child custody or support could get complicated, but is not impossible.
The first step is hiring a family law attorney. Without a lawyer, it may be impossible to change your support / custody orders, especially if your ex doesn’t agree with your request. If you and your spouse cannot reach an understanding, your lawyer will file a motion with the court.
In order to file a successful motion to modify the order, you must support the modification with a substantial and continuing change in your circumstances. In short, the judge will not adjust the terms of your child support or custody simply because one spouse wants to change the settlement.
If you’re considering a child custody or support modification, speak with an attorney from The Buxner Law Firm today. Just like divorce, modifications can involve a high level of conflict. With the help of an attorney, you stand a better chance of obtaining the modification that you need. Our St. Louis divorce lawyers are prepared to help you find the right solution to your case. Simply call our office today to schedule a free, in-office consultation regarding your case.
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