When a family court makes a decision related to any legal matter, it is expected that all parties will follow that ruling to the fullest extent required. As life changes, there are instances in which this may no longer become possible or ideal for any member of the family. This is when family law modification may become necessary.
For those who need to pursue such a change, it is critical to understand the court's expectations and limitations of such decisions. Working with a Gwinnett County family lawyer, from Attorney Sharon Jackson, LLC, who knows and serves all of the Metro Atlanta area can make a difference. It ensures that you know what your rights are and do not violate the obligations the court sets.
Georgia law requires that any party within a family-court-related decision, such as child support or child custody, must formally request a modification to those decisions before any changes occur. If a child custody modification, for example, is needed, one party must show to the court that there is new and substantial evidence that makes this decision viable. The court will consider:
This does not apply just to child custody matters, though. Modifications can occur for any type of legal decision the court makes within a situation.
The following are some examples of family law modifications in Georgia and why they may be considered by the court overall. It is important to note that the court is never obligated to make changes to any previous family law decision and that the court does not have to hear any case if it does not see merit in doing so.
Alimony decisions made by family law courts are often very specific and have various timelines associated with them. However, needs and abilities change over time. A former spouse might become unemployed, ill, or obtain a much better job with higher pay than he had during the divorce. If a modification to alimony is necessary on either side, the court must make that decision. That includes increases or decreases in alimony, the length of time the alimony is to be maintained, and concerns related to why it is being paid. Alimony can only be modified if it was awarded in the original action. You can ask to have the amount or duration changed but not whether or not it is ordered.
In situations where spousal support, other than alimony, is provided but circumstances change, it becomes necessary for those facing such changes to approach the court for modifications. For example, if a spouse is receiving spousal support for healthcare but has obtained a job that now provides access to competitively priced healthcare, the court may be willing to make modifications it sees fit.
Child support is one of the most commonly argued types of financial support after a divorce or child custody case occurs. Family courts expect both parents to contribute to the financial needs of the child, and that often means that both parents must contribute in an equitable (not always equal) manner. If a parent loses a job or the child’s financial needs change, such as due to ongoing healthcare needs, both parents must contribute in a fair manner. Child support modification is very common over the long term. Parents remarry and have other children, change jobs, or relocate, often triggering possible changes.
Changes in child custody require a formal application for modification through family court. If the child needs to change parental visitation schedules, for example, the court must approve it. Child custody matters related to factors such as primary custody, visitation, grandparent custody, and any changes in timelines and schedules should always be approved by the court before such changes actually occur. Working with a Georgia child custody attorney who can provide exceptional legal guidance in these matters is critical.
In situations where there is a risk to the child, such as to well-being or safety, it is possible to petition the court for immediate action. However, even when you believe your child is at risk, you should meet all of the court’s requirements in place. Report concerns to the police or contact your child custody attorney in Gwinnett County before making decisions.
When considering relocation requests in family court, the judge will always focus on the best decision for the child. It is common after a divorce for one parent to relocate in order to be closer to family members and the parent’s support system. Parents also sometimes relocate for better or continued employment. The court will consider the reason for the relocation and the impact on the child’s stability, ability to maintain existing relationships, and quality of education. Georgia does not have any laws which prevent a parent from moving out of state. The other parent’s consent or permission is also not required. A parent moving to another state does not automatically trigger a modification. One of the parties must file an action with the court.
Timing matters. If it has been less than three months since a court decision was rendered, a lawyer will need to help determine if you need a motion for reconsideration, appeal, motion for new trial, or other legal remedy. In order for a court to consider a modification after any time period, there has to be a change in circumstance that was not present when the judge made the order that you now desire to have changed. A modification is not an appropriate motion for someone who went to court last month and is just unhappy with the decision but there has been no change in facts or circumstances since the last court action. Modifications are not a second bite at the apple. They can only occur when the facts and circumstances change materially.
For those who are considering requesting a modification of any of these areas, it is critical to have a well-qualified Georgia family lawyer in place who can provide hands-on support and guidance. After going through divorce or child custody dispute in Georgia, the court expects for both parties to maintain the requirements set in place in those divorce decisions. established in those prior legal actions. That includes matters related to alimony, spousal support, child custody, and child support. Before having Attorney Sharon Jackson or any other lawyer file the legal action, if possible, you should talk with the opposing party and see if they are willing to consent to the changes. If you both agree, the attorney can draft and file the paperwork on your behalf as an uncontested matter. However, you should never informally agree to just violate or change a court order. Any agreement needs to officially go through the court system as a modification that is signed off and approved by the judge.
Not getting court approval for modifications to agreements and judgments puts you at risk of violating court orders. That is not desirable since it can negatively impact your ability to secure those modifications later.
For any modifications related to family law, turn to an experienced attorney with the ability to help you encourage the court to modify requirements as necessary. Contact Attorney Sharon Jackson LLC today at (678) 436-3636 to discuss the specific modifications you need and to learn how to obtain changes within the legal framework of the Georgia family court system.
Attorney Sharon Jackson LLC
175 Langley Drive, Suite A1
Lawrenceville, GA 30046
Phone: (678) 909-4100
