Modification Lawyers in Clarksville Ensuring Your Current Needs Are Accurately Reflected

When you go through the divorce process with children, there will be court orders for custody and child support involved. The judge takes information from both sides and creates the orders in accordance with Tennessee law and the children’s best interests. But what if that changes over the year as the children grow up and their needs and life situations change? This is exactly why the courts allow for modifications to court orders after the fact. Modifying a court order can be complex, so it’s important to know what to expect and how to navigate the process.

Life circumstances change — sometimes very quickly — and you want any court orders to be an accurate reflection and representation of your family’s needs. While you may not be able to modify a court order every time something small changes, you should consider a modification if there has been a major change in your family. Call our office to find out how we can help you modify a court order.

Is It Possible to Modify a Court Order?

Yes, it is possible to modify a court order. However, there may be specific grounds that are needed depending on the type of modification you are trying to achieve. In general, a modification to a custody order or visitation order can be modified whenever it is deemed in the best interests of the children or when there has been a significant change in circumstance. For example, a custody order modification would be needed if one parent were planning on moving out of the state. To determine what the next steps should be in modifying a court order, talk to a family law attorney.

How Do You Modify a Court Order?

To modify a court order, you need to file a petition for modification with the courts. The exact process for this will depend on what type of order you are trying to modify. For example, modifications to child support orders usually go through the child support enforcement agency first. If the result isn’t satisfactory, you can then take the case before a judge. If both parties agree on the modification, getting it put into a court order can be as simple as filing a joint petition outlining the proposed modification. However, if the parties don’t agree, the case may end up needing to go before the judge to make a final decision.

Is a Modified Court Order Retroactive?

Every court order has an effective date on it. It’s very important to note this date so that you can be sure to abide by what is outlined in the order. While most court order modifications will not be retroactive, it’s possible that they could be. Child support orders are one example of a modification that could be retroactive. This sometimes happens if the court decides that a change to child support is appropriate and they backdate it to the time of the filing instead of when the order was actually made official.

Should I Have an Attorney?

It can be tempting to try to go through the modification process alone since you are only trying to change an existing order, but it’s a much better idea to have an attorney represent you through the process. An attorney can ensure that you have appropriate grounds to request the modification and that you present your request clearly to the courts. An attorney can also help you work with your ex’s legal representation to try to come to an agreement about the modification to make the process faster and less stressful.

Anytime you are dealing with the family court system, whether that’s going through the first time when orders are created or modifying an order, later on, it’s important to have experienced legal counsel. If you need help modifying a court order or just want to get a better understanding of what your options are, Hibbeler & Associates can help. We have experience filing modification requests with the Montgomery County family courts and can walk you through the process step by step. Call 931-236-2711 to schedule a free consultation.