Sometimes an agreement or court order is no longer appropriate under current circumstances. Examples include limited overnights for a parent when a child is an infant, but the child is now 10 years old; or where one child ages out, and child support needs to be calculated for the remaining children. To modify an agreement, technically called an “amendment,” the parties must agree on the new terms. If the terms are something that can be the subject of a court action, such as child support or custody, and the parties cannot agree on an amendment, an action can be filed to establish the new parameters. If it’s property settlement or alimony, if the parties cannot agree, an amendment is not possible, and the agreement cannot be the object of a lawsuit.
Court orders can be modified upon a showing of significant changes of circumstances since the prior order and then proving the changes requested are warranted by existing law or are in the best interests of the children. However, once the court has jurisdiction of the matter, the court has discretion to modify the order in the way it deems is appropriate or is best for the children.
Family Law Lawyers in the Charlotte Area
If a party opposes or seeks a modification without justification or is unreasonable in their position, the court can award attorney fees to the other party. The family law attorneys at Weaver, Bennett & Bland can assist you with amending agreements, modifying court orders, or defending the modification of court orders. Call (704) 844-1400 to schedule a consultation at our Charlotte law firm today.