Divorce Decree Modifications in Virginia Beach
Protecting Our Clients’ Best Interests
Once a couple finalizes a divorce, they receive a divorce decree specifying the terms of alimony, child support, and visitation agreements. Once this decree is set, it can only be changed under certain circumstances. The Law Offices of Daniel J. Miller can help you determine whether your situation warrants a divorce modification.
For a case evaluation, call our firm at (757) 517-2942.
Requirements for a Post-Divorce Modification
Unless the party seeking a modification can prove that a significant change in circumstances has occurred since the finalization of the order, a judge may not grant the modification.
A judge approves a modification based on:
- substantial parental relocation;
- change in employment;
- evidence of child neglect or abuse;
- medical conditions that affect a child or parent; and/or
- change in income level.
If the modification will affect a child, a judge will rule in favor of what is deemed to be in the child’s best interest. Additionally, some terms cannot be modified; for example, neither party can modify the division of marital property once it has been finalized.
Modifications to Child or Spousal Support
An adjustment of child support payments can only occur 3 years after the initial decree or previous modification. The process begins when your attorney files a Request for Review and Adjustment with Virginia’ s Social Services Department. The request must provide the circumstances that qualify for modification, as well as evidence to support the claim.
A spousal support modification can increase, decrease, or eliminate a payment, but the person seeking the modification must prove a substantial change in circumstance to warrant this change. Whether or not a court will grant this modification may also depend on the wording used in the original decree.
Modifications to Child Custody and Visitation
If both parties agree on this modification, they can construct an agreement without the approval of a court. However, if either party disregards this modification in the future, it could be impossible to legally enforce.
If one party does not agree with the terms of this modification, the other can file a motion to request adjustments. As with other types of modification, the party seeking this change must prove that the circumstances are extreme enough to warrant it.
Legal Representation You Can Trust
The Law Offices of Daniel J. Miller’s goal is to provide our clients with creative and peaceful solutions to their issues. We can help modify an existing divorce agreement so it better suits you, your child, and your former partner.
Call our firm at (757) 517-2942 or contact us online for a consultation.