For many couples, a final divorce decree signifies the end of their marriage. Without shared minor children, they may never communicate again. However, life’s unpredictable nature can necessitate a return to court even after a divorce is finalized. Changing circumstances may require petitioning the court for a modification of existing orders.
Changes in circumstances and life events sometimes impact court orders for child support, child custody, and alimony. If this happens to you, it helps to have an experienced Rock Hill modifications of order lawyer on your side to argue in your favor. At Minor Law Divorce Lawyers, our divorce attorneys understand the legal requirements for modifying a court order.
Our top-ranked Rock Hill family law attorneys have extensive experience handling all matters related to divorces. We can assist you with all aspects of your divorce case, including modifications of orders after the divorce is final. We fiercely fight for your rights during all phases of your divorce case.
Contact Minor Law Divorce Lawyers at (803) 504-0971 to schedule a confidential consultation with our Rock Hill judgment modification lawyer.
How Our Rock Hill Family Law Attorneys Can Help You With a Petition for Judgment Modification in South Carolina
We understand you may not want to return to family court after your divorce. However, petitioning the court to modify an order may be the only way to protect your best interests and the best interests of your children.
Whenever possible, we use mediation and negotiation to settle a dispute to avoid litigation. If returning to court is necessary, our Rock Hill family law attorney will work diligently to obtain the outcome you desire while protecting your rights.
When you hire our top-rated divorce lawyers in Rock Hill, you can trust we will handle all aspects of your case, including:
- Discuss your current circumstances and how they have changed since the court issued the current order
- Explain the process of petitioning the family court in South Carolina for a modification of the final judgment or order
- Gather evidence supporting or objecting to a judgment modification
- Develop an effective strategy to obtain the outcome you desire
- Attempt to resolve the matter through mediation
- Take the matter to a hearing before a judge to argue your case if necessary
Our Rock Hill divorce lawyer has received national recognition as a top divorce lawyer in South Carolina. The National Black Lawyers has named her on the Top 40 Under 40 list. We have top ratings and a stellar reputation with our clients and the legal community.
Contact Minor Law Divorce Lawyers to schedule an initial consultation with our Rock Hill modifications of order lawyer to discuss asking the court to modify your divorce decree.
What Are Post-Divorce Modifications?
The court issues a final divorce decree resolving all matters related to your divorce, including property division, child custody, alimony, and child support. The terms in the order are binding and permanent. However, the court may consider post-divorce modifications under specific circumstances.
A post-divorce modification is an order issued by the family court changing one or more terms of its current order. When the court issues an order, that order becomes legally binding on both parties. The terms in the old order that were not modified continue to be legally binding.
Family Court Orders in South Carolina Are Based on Your Current Circumstances
Family court judges do not base their decisions on what might or might not happen in the future. Instead, they consider the evidence presented in court and rule based on the current circumstances.
However, life is unpredictable. Circumstances may require changing the current court order to address unanticipated changes. If so, you can file a motion with the court asking it to modify the terms of the order to reflect the current circumstances.
Matters that may require a judgment modification include:
- Child custody orders
- Parenting plans and visitation arrangements
- Child support orders
- Alimony or spousal support
Typically, support and custody are the primary issues that are modified. Property division orders typically are not modified unless there is overwhelming evidence that the court made a significant error or the order is unlawful.
Petitioning the court to modify an existing order can be a complicated undertaking. It is important to seek legal counsel from an experienced Rock Hill modifications of order lawyer as soon as possible.
Informal Agreements Are Not Legally Binding
You and your ex-spouse may agree to modify the terms of an existing court order. However, an informal agreement is not legally binding, even if you sign a written document stating you agree to change the terms of the order. Until a judge issues a new order, the original order is legally binding on both parties.
Petitioning the Court for a Judgment Modification in a Divorce Case in South Carolina
Either party can petition the court to modify an existing order. However, the petitioning party has the burden of proving that a substantial change in circumstances justifies changing the court’s current order. Without evidence of a substantial change in circumstances, the court will not change the terms of its order.
The parties can agree to the modification, which makes changing the terms of an order easier. If the non-moving party does not want the order modified, they can object to the modification request. The matter is scheduled for a hearing where the judge hears both sides and decides whether to modify the order based on the evidence presented and the current circumstances.
Reasons for a Post-Divorce Judgment Modification in Rock Hill, SC
You are not reopening your divorce case when you petition for a judgment modification. Instead, you are asking the court to review the terms of the current order and make appropriate changes based on the current circumstances.
The change in circumstances must have been unanticipated and significant in its impact and duration. The court only considers new information that was unavailable when it issued the current order. Furthermore, temporary changes are usually insufficient to warrant a judgment modification unless the temporary conditions significantly impact a child’s well-being or safety.
Reasons for modifying a family court order include, but are not limited to:
- Involuntary unemployment
- A change in mental health
- A significant change in income, such as a permanent pay cut or significant increase in income
- Relocation of a child or parent
- Allegations of child abuse or neglect
- The birth of a new child or gaining another dependent
- Retirement or a change in retirement income
- A child wishes to live with the other parent
- A change in your child’s needs or circumstances
- The emancipation of a child
- Winning the lottery
- A change in physical health, such as a chronic illness or disability
- Remarriage
- Substantial change in the financial needs of either party
- The arrest or conviction of a crime
The court grants modifications on a case-by-case basis. If you request a modification of child custody, the judge bases the decision on the best interests of the child. It is important to note that emergency child custody matters follow different rules. If your child is in imminent danger, you can file a Motion for Emergency Child Custody to ask for changes in the current child custody arrangement.
Timely Action Is Required to Modify Family Court Orders in South Carolina
Timing is essential when petitioning the court for a judgment modification. The court does not order retroactive modifications other than ordering the change on the date you filed the petition for judgment modification. The judge only considers the current circumstances when changing the terms of a current order.
Therefore, you need to act promptly to have your case heard. As soon as you realize a change in circumstances may require modifying a current court order, talk with an attorney. It could take some time to have your petition heard by the court, especially if your ex-spouse objects to the proposed changes to the order.
Can I Ask to Change a Court Order if I Disagree With the Order?
Judgment modifications are reserved for changes in circumstances. Being unhappy with a current order from the family court is not grounds for modifying the order. That is not to say that you might not have grounds for an appeal, but appeals cannot be filed years after an order is issued.
If you disagree with a family court order, talk with your Rock Hill divorce lawyer about appealing the decision. The court may have made an error when interpreting the family laws or the evidence presented in court. Your attorney can advise you if you have a valid appeal and the process for appealing a family court order.
Schedule a Free Consultation With Our Judgment Modification Lawyer
Do you need to modify your divorce decree in South Carolina? If so, we can help. Call Minor Law Divorce Lawyers to schedule a confidential consultation with our Rock Hill modifications of order attorney. We will explain your legal options and how the law relates to your current situation.
