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Modification of Orders

Scottsdale Order Modification Attorney

There are a number of divorce-related and child support orders that may be modified when relevant and significant changes have occurred. In order to obtain a modification, however, the Court must be convinced by substantial or even compelling evidence. If you are seeking a modification to a court order pertaining to child custody, support or visitation, spousal maintenance or other related issue, it is crucial to hire an attorney who can skillfully handle all aspects of your case, from document preparation to courtroom and trial procedure. Attorney W. Tattnall Rush offers a complimentary case review to discuss your order modifications.

Order Modifications

Once a court order is finalized, it remains in effect until and unless it is modified. A properly crafted formal modification order must be presented to and approved by the Court in order for any desired changes to occur. There are various reasons for order modifications, including, but not limited to, the following:

  • Petition to change custody – often a request for sole custody
  • Relocation – a parent may choose to or need to move, which will affect the various rights of the other parent
  • Alteration of parent visitation schedule – often a result in a change of work schedule
  • Spousal maintenance alteration request – a spouse may seek an increase in maintenance amounts
  • Child support alteration – requests for increases and decreases are common
  • Custody or parenting time modification – may occur when a parent’s behavior becomes harmful to a child, such as alcohol or drug usage. Court-ordered supervised visits are implemented in some cases.

Modifying Child Support

Child support modifications are commonly requested. The Court must be convinced that there is a substantial income change in order for a child support modification to be approved. The Court will look at whether there was at least a 15% change from the previous amount. Either party may request the modification.

Modifying Visitation

There are various reasons that one or both parents may request a modification to their visitation schedule. One of the most common ones results from an out-of-area or out-of-state job change. Other examples include changes in educational environments, armed services deployments, criminal charges, abandonment and illness of a parent or child. Changes must be supported by convincing evidence.

W. Tattnall Rush Attorney At Law PLLC

The party seeking a modification of an existing court order has the burden of convincing the Court that it is in the best interests of the parties involved. This is quite often a daunting task and is best handled by a qualified lawyer. Attorney W. Tattnall Rush is a former Maricopa County Attorney who now accepts only divorce and family law cases, including modification order matters. Attorney Rush serves clients in the following areas: Scottsdale, Phoenix, Paradise Valley, Fountain Hills, Mesa, Apache Junction, Tempe, Gilbert, and Chandler, Arizona. To schedule your complimentary case review, call 480-207-5230.