Alimony, Child Custody, Visitation, and Child Support are the most frequent areas for modification in Family Law, but any ongoing order can be modified.
What is an ongoing order? It is an order of the Court that governs behavior or action over a period of time. (There will be a series of payments over time, or visitation/custody days are set over time.
What cannot be modified? One time events such as property division cannot be modified. For example an award of a house to one person cannot be modified, as the event is over. However, if one person was ordered to pay for the mortgage for a period of time while another stayed in the house, that is modifiable as it is ongoing. If you feel that a one-time award was improper, you must remedy that with an appeal, and appeals must be filed within thirty (30) days of the order.
The way to win a modification is the same way you would win the case initially. For example, in a change of custody case, you would show what has changed that makes it so that the other parent is now the better caregiver for the child.
Modifications can be brought up every two years with a change in circumstance, but in certain circumstances, they may be able to be brought forward earlier with significant changes in circumstance. To wade through the eligibility requirements for a modification and then to set a modification strategy, call 770-863-8355 to schedule a free consultation with one of our attorneys.