Modification of Existing Orders Attorney – Asheville, NC
Once a reasonable amount of time has passed, or if circumstances in your case have altered since the previous order was placed, either party may file a motion to modify a prior order concerning custody, visitation or child support. The party filing the motion must be able to show a substantial change in circumstances since the entry of the original order. You may consider wanting to file a motion to modify a court order to:
- Lower or raise the amount of child support payments;
- A change in the residence of a child;
- To terminate a support order because the child has turned 18, has graduated from high school, or has changed residence;
- To decrease or increase the amount of time the child spends with each parent. If both parents are able to agree and sign an agreement, then a court hearing may be avoided. If both parents do not agree, one party will need to file a motion to request a hearing for a modification before you can ask the court to change an existing order.
Failure to abide by a court order is a serious offense. This can be taken in front of a judge, who may find the offender to be in contempt of court. This person may have to pay an additional fine to cover the attorney’s fees. Any individual who can be found in contempt of court for failure to follow court orders can face jail time, along with other serious consequences. It is important to consider that both parties are to be held accountable to the terms of a consent order or order of the court following trial.