Modifications Attorney in Lynchburg & Blackstone, Virginia
Circumstances in life do change over time, and the terms of the divorce settlement or parenting plan become inconvenient for either spouse. In the Commonwealth of Virginia, either of the former spouses may petition a post-decree motion seeking a modification to an existing agreement. If you wish to modify an existing agreement, you need to consult with an experienced Virginia family law attorney for detailed guidance.
For more than 20 years, E. Gordon Peters, Jr. has offered experienced legal services and guided individuals and families through the complexities of post-decree modifications. Gordon is available to discuss your unique circumstances, inform you about your rights, and help you understand the post-judgment modification process. As your legal counsel, Gordon will fight to protect your rights, your future, and your family's best interests.
E. Gordon Peters, Jr., Attorney at Law, proudly serves clients across Lynchburg and Blackstone, Virginia, and the surrounding communities of Amherst County, Nottoway County, and Campbell County.
What is a Post-Decree Modification?
A post-decree modification is a motion for change filed by either party in a divorce after the divorce decree has been issued. The purpose of a post-decree modification is to review the existing agreement so that the order can reflect the lives and needs of those it was meant for, including children and adults.
Either of the ex-spouses may file a post-decree motion seeking to have the existing family law decree modified if:
There has been a substantial change in circumstances since the existing decree was made
There is a breach of contract by the other spouse
An experienced family law attorney can evaluate the surrounding circumstances of your situation and educate you about the parts of the decree that could potentially be modified.
Types of Post-Decree Modifications
The most common types of post-judgment modifications in Virginia include:
Child Custody/Support: If either of the ex-spouses disagree about child-related matters, such as child support, custody, parenting time, and medical care, the concerned party may petition a post-decree motion.
Spousal Support: Either party may file a motion for the Virginia court to change the amount, type, or duration of alimony payments due to a substantial change in circumstance.
Contempt: If the non-custodial parent or paying spouse defaults on child support or alimony payments, respectively, the concerned spouse can file a contempt action in court seeking enforcement of the existing family law order and that the delinquent ex-spouse should be suitably punished.
Others: There are additional family law decrees, including scheduled parenting time, tax exemptions, and children's healthcare benefits, that are also modifiable.
In the Commonwealth of Virginia, the parent seeking modification of an existing child custody order or support agreement must show that:
There has been a material change in circumstances since the existing decree was made
The requested changes are deemed in the best interest of the child
Under Virginia law, either spouse can file a motion in court for an increase, decrease, or to terminate alimony payments. Here are some common reasons to seek a modification of spousal support:
Significant increase or decrease in income
The paying spouse becomes unable to work due to a disability, critical illness, or incapacitation
Involuntary loss of employment
Relocation to a new city with a lower or higher living cost
Addition of children to support
Reduced need for support
Remarriage of the supported spouse
The court will review each party's current financial situation, including their incomes, reasonable monthly expenses, and financial obligations, and make a decision regarding the modification.
The Modification Process
The post-decree modification process in Virginia starts by filing a motion in court seeking the modification. Upon filing your motion, a court hearing will be scheduled. At the hearing, you will present your case and try to convince the judge why the family law decree should be modified.
If your reasons for the post-judgment modification are deemed genuine enough, the judge will make the necessary changes and issue new orders reflecting the changes. An experienced family law attorney can help present your case meticulously in court and increase your prospects of obtaining a favorable outcome with your post-decree modification.
How Legal Counsel Can Help
A post-judgment modification, including spousal support arrangement, child custody order, child support agreement, or changes in parenting time, can have a significant impact on your family, children, and future. If you're thinking about filing a post-decree motion or if you're seeking modification of an existing family law agreement, consulting with a knowledgeable family law attorney is imperative for detailed guidance and to help you make intelligent decisions.
Attorney E. Gordon Peters, Jr. has the experience, insight, and expertise to guide and represent clients in family law and post-decree modification matters. As your legal counsel, he can evaluate every aspect of your situation and explore your options. Whether you are trying to change an existing alimony arrangement, child support agreement, or custody order, Gordon can guide you through every phase of the modification process from start to finish.
Serving Lynchburg & Blackstone, Virginia
If you need to change an existing family law decree, such as alimony or child custody or support, contact E. Gordon Peters, Jr., Attorney at Law, for a consultation. Gordon can provide the legal counsel and advocacy you need in your post-judgment matter. The firm serves clients across Lynchburg and Blackstone, Virginia, including Amherst County, Nottoway County, and Campbell County.