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Why Would the Court Modify an Order?


When a divorce is finalized, there are a number of important terms that may be set. For a couple that can come together and work through this process on peaceful terms, they may be able to decide most or all of their divorce terms. This can still be reviewed by the court and approved. Many couples find it to challenging to come to the same idea about what each side should be awarded and the choice will be left up to the court. To make this call the court will assess the situation of the couple and their children if they have any. They will take into account many factors, including their finances, the length of the marriage, each party's contributions and more. Once terms are set, these must be adhered to. Any changes that one or both of the former couple members wishes to make will need to be done legally, rather than just through an oral agreement between the two. A modification can be sought by either person when they believe a change should be made to who has custody and how much, as well as payments for spousal support or child support.

The main concern of the court is that they want to clearly see that there has been a change in the circumstances of the individuals lives, or the lives of their children. Depending on this, they may choose to raise or lower payments, and increase or decrease custody rights. A common reason for a change to be made financially is if one of the parties has lost their job or is dealing with other significant expenses, such as medical bills. A child's needs may also change and the financial payments may be necessary to change as well. Visitation or custody can be adjusted when the court finds that a parent has proven they should have additional time with their child or they have shown that they are detrimental to the child and should have limited time, if any at all. A modification is a great option that allows for the legal terms to fit the modern day situation when a divorce was decided in the past, under different settings. Either party can pursue it even if the other doesn't agree, but there is typically a greater chance of the judge approving it when both former spouses are in agreement. Speak with a qualified Columbia divorce lawyer from our staff if you are looking to have an issue modified or you have a spouse that is trying to modify something that you believe should remain as it is.

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