Modification of Court Orders in Charlotte

When Can You Request a Post-Judgment Modification?

Typically, a judge will only modify an order due to a “substantial and material change in circumstance.” Unfortunately, there is no set definition as to what constitutes as “substantial change;” however, some examples of a change in circumstance could include:

• Illness
• Disability
• Loss of income and/or job
• Change in income
• Cohabitation with a new spouse
• Relocation
• Increased cost of living
• Lifestyle changes

To determine if the change in your life is substantial and material depends on the type of agreement you are trying to modify.

Child Support & Child Custody Modifications

In North Carolina, a child support or custody order modification is permitted under certain conditions: a serious life change for one or both parents. A life change is defined as:

• Significant loss of income
• Job loss
• Change in a child’s health, needs, education, interests, and/or activities
• Changes in any factors used to determine the initial support payment
• If one parent is relocating
• If one parent experiences a significant change in his/her work schedule
• If one parent retires
• Situation involving domestic violence and/or abuse

In the event any of these changes occur, parents can negotiate a new visitation and/or custody agreement through mediation or in court. It is important to note that the wellbeing of the child will also be considered. The courts always consider how a modification will affect the best interests of the child. Courts may be hesitant to modify a child custody and/or child support order if that modification could adversely affect the child’s life.

Post-Divorce Modifications

A divorce decree can be modified if the terms of the divorce are unjust or circumstances for one or both spouses have changed since the divorce. As court orders are legally binding, you cannot change them by yourself. A Charlotte modifications attorney can work with you to modify the terms of your original divorce agreement. Once these modifications are approved, both parties will move forward following the terms set in the post-divorce modifications.

Modification FAQs

What should I do if my ex-spouse is not following the court-ordered agreement?

If your ex-spouse is not adhering to the terms of a court-ordered agreement regarding child custody, support, or alimony, you can file a motion for contempt with the North Carolina court. The court may enforce the order through various means, such as wage garnishment, fines, or even jail time, depending on the severity of the non-compliance. It's important to document any violations and consult a family law attorney to understand your legal options and ensure the agreement is enforced.

How often can I request a modification of a family law order in North Carolina?

There is no specific limit to how often you can request a modification, but repeated requests must be based on valid and significant changes in circumstances. The court will not entertain frivolous or minor changes. If the situation continues to evolve, such as ongoing job changes, health concerns, or issues impacting the child’s welfare, you may be able to request multiple modifications, provided there is justifiable cause each time.

Can both parties agree to modify a family law order without going to court?

While both parties can agree on changes to a family law order, such as child custody or support, you must have the modification approved by the court to make it legally enforceable. An informal agreement between the parties may not be recognized by the court, and if one party fails to adhere to the agreed changes, the original order will still be in effect. Filing a motion for modification ensures that the new terms are binding and enforceable.

How long does it take to modify a family law order?

The time it takes to modify a family law order in North Carolina depends on the complexity of the case and court scheduling. Generally, the process can take several months, especially if the modification is contested. If both parties agree on the modification, the process can be quicker, but it still requires court approval. Factors like gathering evidence, scheduling hearings, and court backlogs can affect how long the modification will take.

How our Charlotte Modifications Lawyer Can Help

At Blood Law, PLLC, we can help you modify the terms of your divorce, child custody, visitation, and/or spousal support orders. We will fight to ensure that the modifications made to your court order match up with your lifestyle and needs.

Learn more about court-ordered modifications by requesting more information online or giving us a call (704) 286-0570.