Modifications to Court Orders
Modifications to Court Orders
If you need to make changes to the terms of your final divorce settlement, it is advisable to meet with a knowledgeable Lexington divorce lawyer to discuss your options. You will have to petition the judge to make an official modification to the court orders governing your divorce, and your request will only be approved if you can make a strong case for the necessity of the modification. At The Farley Law Firm, LLC, I am dedicated to providing focused attention to each of my clients, and I will work diligently to prepare and effective argument on your behalf. I have been elected a past President of the Lexington County Bar association, and am admitted to practice in every court in the state, as well as the Fourth District of the Federal Courts. Call me or visit my office today to begin work on the process.
Modifying the terms of your final decree of divorce is not as simple as making a new set of agreements with your former spouse. The court orders are enforceable by law, and if you are accused of violating any of their terms you can be charged with contempt of court. If the other parent reneges on the agreement, you will have no recourse but to file for a Rule to Show Cause, which is what a Contempt action is known as in South Carolina. Quite often, the other party is unwilling to accept the change, but if you can secure the judge’s approval of your request you will have the full backing of the court.
Post-Decree Modifications
The court may modify Custody, Visitation, Child Support, and Alimony of a Final Settlement which has become difficult to live with. If you have lost your job or have suffered a pay decrease, you may be able to have the amount of child support or spousal support you pay reduced, as well as if your former spouse has remarried or is now making more money. You can request to increase amount you receive if the other party is now capable of paying more.
Post-Decree Modifications
If you have resolved the issues which prevented you from being awarded visitation or child custody, you can request visitation rights to be implemented or have joint or shared custody established. Sometimes a parent may seek to limit the other parent’s contact with the children if you believe that they are at risk. This can be done with the help of a Guardian ad Litem that can be appointed by The Farley Law Firm, LLC. Parental relocation may be the most common reason for a modification, as the custodial parent must gain court approval before moving any significant distance away.