If you have received a court order from a Huntsville judge you believe is unfair or challenging to follow and think you’re stuck, good news: You may not be. Pursuing a modification could be your answer, even after a court order has been issued.
While you have the right to represent yourself in a modification case, having an experienced Huntsville family lawyer on your side to modify a court order is a good idea. Here’s what you need to know.
Establishing Grounds for Modification of a Court Order: Change in Circumstances
Before requesting a modification, it’s helpful to understand why a court order can be modified. In Alabama, a judge will consider modifying a court order if a material change in circumstances justifies it.
This could mean a change in income, a shift in a child’s ever-changing needs as they age, health problems (parent or child), an intended relocation, or a spouse not honoring the custody agreement. The reasons could be many and vary based on individual circumstances.
The most common types of orders people request to be modified are child custody and visitation orders, child support orders, and spousal support (alimony) orders. Bottom line: For a modification to be justified, there has to be an apparent, significant change that makes the existing order difficult or unfair to follow, one that could not have been anticipated when the order was first issued.
The Process for Requesting a Modification of a Court Order in Huntsville
Modifying a court order starts by filing a “petition to modify” with the court that issued the original order. This document explains what you’re asking for and why you believe a modification is appropriate. You’ll need to be clear about what you want to change, whether it’s custody, visitation, support, or something else, and what material change in circumstances now exists to warrant your requested modification.
After you file your motion, you must serve it. This informs the other party of your request and lets them know they have a specific time to respond. Depending on how crowded the docket is, it could take weeks to months for the court to schedule a hearing. While it can be frustrating to wait, it’s best to be patient, respectful to court clerks, and abide by all deadlines.
Challenges to a Modification Request in Huntsville
When you file a request for a modification, the other party may agree to the change, object to it, or offer an alternative solution. If the other party disagrees, there will be a contested hearing, where both sides argue their case before the judge, presenting evidence and giving testimony. If you don’t have enough evidence to prove a substantial change in circumstances, the court may deny your request.
Regardless of the challenges you face, it’s best to stay professional and calm during the process. This is especially true if your ex-spouse is combative or uncooperative; try not to let your emotions take over. Most importantly, work with a Huntsville divorce lawyer to present a strong case while remembering that the judge’s goal is to make the best decision for everyone involved, especially children.
What to Expect During a Huntsville Hearing for Modification of a Court Order
Attending a court hearing to seek a modification can be intimidating, especially if the other party is contesting your request. Understanding what to expect can help ease your nerves.
Typically, a hearing will begin with opening statements, during which each party has a brief opportunity to present the objective of their case. This is your chance to explain why the original court order no longer works for you and what you propose to remedy that.
Next, you’ll have the opportunity to present evidence to support your claim, such as financial documents, medical records, or other proof of a substantial change in circumstances. Your Alabama family lawyer can help you decide on the most relevant evidence.
You or your ex-spouse may need to testify. Once the judge has heard both sides, they will make their decision.
After the Judge Decides
Following the decision, the judge will issue a new court order. If the judge grants the modification, remember to get a copy of the new order to keep for your records and then plan on following it. If the judge denies the modification, you still have options: You can appeal the decision or wait until a future change in circumstances justifies another request.
Whatever the outcome, keep in mind that your situation can always change. With the proper legal guidance, you can strategize and pursue modifications when your case is the most compelling so that the court order continues to align with your life circumstances.
Hire a Huntsville, Alabama, Family Law Attorney to Help You Seek Modification of a Court Order
An Alabama family law attorney can help you understand the intricacies of the legal system and your circumstances, offering you the best chance of achieving success. They can also help you gather supporting evidence, prepare your case, and represent you in court. Having a family law attorney makes you less likely to make mistakes, such as mishandling legal paperwork or missing critical deadlines.
At Summit Family Law, our compassionate team of Huntsville, Alabama, family law attorneys recognize that divorce and family law matters can be emotionally charged and that having the requisite skills and experience to guide you through the process can ease the burden. With offices conveniently located in Birmingham and Huntsville, we are here to help. Contact us or schedule a consultation today.
