Requesting a modification to a child support or custody order sounds daunting, but is not impossible if you understand some of the most important aspects of this process. To increase your chances of a successful modification, you need a strong reason backed up by evidence, documentation, and a significant change in circumstances. However, even when you attempt to meet all these requirements, your request may still be denied by a family court. Working with a Tennessee family law lawyer can help you figure out what might have gone wrong during this process.
Requirements for Modification of Court Order
Making a change to child custody or child support modification involves certain steps. First, you will need to have some evidence for a significant change in circumstances. A significant change in circumstances can be a major increase or decrease in financial assets. Common examples with child support include losing your job, being promoted, or acquiring a large sum of money from an outside source like the lottery. For child custody, a significant change could be going to prison or becoming terminally ill.
Once you know your circumstances are significant, you will then need to find the appropriate documentation to support this. Documentation for proving changes in financial circumstances includes:
- Standard allowable expenses
An income verification form must be completed by both parents when it comes to requests for a child support modification. Terminal illness can be proven with documents on your medical records and prognosis.
Taking action by collecting and submitting these documents sooner than later is vital if you need the change to happen quickly. Continuing to pay child support you can no longer afford is not easy until you have the modification finalized. You can also talk to a family law lawyer if you are facing obstacles along the way.
Modifications Can Be Made Through Mediation
What many people in this type of situation do not realize is that modifications can be made through mediation, without the need to go through the whole court process. You will still need to reach an agreement with your spouse, you will both need to sign a legal form, and this agreement must be approved by the court. While this also sounds like a lengthy process, many people find the mediation option to take less time and stress.
Mediation works by having a trained mediator listen carefully to both sides of the disagreement. One problem is tackled at a time and the mediator fosters a collaborative way of sorting out each person’s needs to reach a final compromise.
Family Law Lawyer in Tennessee
Having your modification request denied can be a major setback if you are stuck with serious changes in your current situation. Call Davis Law Firm at 865-354-3333 to speak with a Family Law lawyer in Tennessee today. You can find us located in McMinnville, Johnson City, Sparta, Kingston, Crossville, Cookeville, and the surrounding areas. Our team of lawyers will work with you to find the evidence you need to support your modification request.