Need Help Modifying An Existing Order?
Life continues to change once a divorce becomes final. Some changes are so significant they require modifying an aspect of the divorce agreement. In Mississippi, these may include changes to child custody, a parenting plan, child support or spousal support.
A party who wishes to file a petition to modify an existing order must be prepared to show the court that a substantial change has occurred warranting the modification. For example, either parent may receive a job offer in another city that is far enough away, it will make following the existing parenting plan impossible. The parent who wishes to relocate must file a petition to modify the existing custody agreement.
If a parent seeking to relocate has primary custody of a minor child, the court will consider the impact that moving away from the child’s other parent will have on the child. Relocating with a child must be in the best interest of that child for the court to approve it.
At the Law Offices of Mel Coxwell, in Brandon, Mississippi, founding attorney Mel Coxwell represents clients who wish to modify an existing order or who wish to fight a request to modify an order.
Other Times You May Wish To Modify Custody
A parent may also wish to modify a custody agreement if the child’s other parent:
- Has substance abuse problems
- Is abusing the child
- Suffers a health problem that prevents him or her from properly caring for a child
- Is putting the child in a dangerous environment
Modifying Child Support
A substantial change in circumstances may result in the need to modify child support. Examples when this may be warranted include:
- Increased needs for the child for education or medical purposes
- A substantial increase of decrease in either parent’s income
- Loss of a job
Mississippi law requires a change of 15% or more in the obligation to pay child support for a modification to be considered. That threshold is lowered to a 7.5 percent change if either parent is considered low income.
Similarly, modifying the amount paid in monthly spousal support requires a substantial change in circumstances, such as a change in the income of either party or a change in either party’s health that limits their ability to work. Also, alimony may be modified if a recipient cohabitate with someone else.
We Can Address Your Modification Needs
We advocate for individuals who wish to modify an existing order or who wish to prevent the modification of an existing order. It is important to act promptly and enlist the help of a knowledgeable lawyer when the need to modify an order arises or if you receive notification that a petition to modify an order has been filed. Call 601-724-8723 or use our online contact form to schedule a consultation.