Modification and Termination of Court Orders

After a family law case is concluded, such as a divorce or custody matter, you will generally have a final separation or settlement agreement, custody agreement and/or an order entered by the court. The agreement and/or order may include provisions outlining property division, child custody and parenting time, child support, or spousal support. In Virginia, orders about property division in divorce cases are usually final and can’t be changed. However, child custody, visitation, and support orders can be modified if there is a showing of a “material change in circumstances.” It’s important to understand the requirements and proper procedures for bringing a case back to court and request any changes. It’s recommended to consult a skilled family lawyer as early as possible, if you are considering a modification. The attorneys at Castro Law have the experience to help you achieve modification goals right for your family.

Modification of Custody and Visitation Orders

As children age and your family situation evolves, you may need to consider new custodial or time-sharing arrangements that better serve the family and meet your child’s needs as they grow and priorities change. In order to obtain an order from a court modifying a previous custody order, without the agreement of the other party, you must be able to demonstrate that there has been a “material change in circumstances” since the entry of the previous order. This means that something significant has changed in the child’s life, affecting their best interests. As with any custody determination, the court will consider the factors outlined in Virginia Code § 20-124.3 to inform its decisions. There are many different situations that can occur, which could amount to a material change in circumstance warranting a modification of custody and/or a time-sharing arrangement, including, but not limited to:

• A parent’s job or availability has changed, making it hard to keep the current schedule.
• One parent has moved, so the existing custody plan no longer works.
• The child’s school or activities schedule has changed, making the current schedule impractical.
• A parent faces health or other problems that impact their ability to care for the child.
• A parent denies access to the child during their allotted parenting time.
• The child has grown older and may need a different schedule or arrangement.
• The child has expressed a wish for a different custody plan.

Every case is different, so it’s important to carefully assess what has changed and how it impacts the child. If you are considering a modification of your custody order or time-sharing arrangement, contact Castro Law, and we will meet with you to review your desired changes and help determine if your circumstances are appropriate to seek a modification of the previous order.  Remember, not all modifications need to be litigated, but they should generally be formalized in an agreement and/or court order.

Modification of Support Orders

Child and spousal support orders can also be modified, upon a showing of a “material change in circumstance.” Castro Law has helped clients modify support orders in cases such as:

• One person’s income has increased or decreased, affecting child or spousal support needs and ability to pay.
• Custodial and/or time-sharing arrangements have changed, affecting child support obligations.
• Living expenses have changed, impacting the ability to pay or the need for support.
• Circumstances have changed affecting a parent’s ability to properly care for the child.
• Childcare or health insurance costs have increased or decreased, which affect child support calculations.

When seeking a modification of spousal support, it is also important to review the previous agreement or court order to ensure proper interpretation of any waivers. These changes can significantly impact support payments, or the impact could be so de minimis that such a modification would not make sense. It is recommended to speak with a qualified attorney, to help you determine whether a modification makes sense in your situation.