When a Family Law Order Needs to Change or Be Enforced
A custody, child support, or alimony order is based on the circumstances that existed when it was entered. But families, children, jobs, incomes, and living arrangements change.
At Petrelli Previtera, LLC, our Marietta family law attorneys help clients determine when an existing order can be changed and what to do when the other party is no longer following it. We help with modifications and enforcement involving custody, parenting time, child support, and alimony in Cobb County and throughout metro Atlanta.
How We Help When Circumstances Change
We start with what has changed. A new job, significant income change, different parenting schedule, changing needs of a child, remarriage, or a proposed move may all affect whether an existing order still works. We review the current order and the changes that have occurred since it was entered.
We help you understand your options before you act. Informal arrangements can work for a while, but the original court order generally remains the order that can be enforced. We help clients determine when a change should be formalized and what steps are needed to do it.
We handle the legal process. Our attorneys can prepare the appropriate filings, develop the evidence supporting the requested change, negotiate when an agreement is possible, and represent you in court when it is not.
Modifying Child Custody and Parenting Time
Children grow, school and work schedules change, and a parenting plan that once worked may eventually stop fitting a family’s needs. Our attorneys help parents evaluate whether circumstances support changing an existing custody or parenting-time order.
If your primary concern involves custody, learn more about how our Marietta child custody lawyers help parents build and revise parenting arrangements.
What If a Parent Wants to Relocate?
A move can affect school, transportation, parenting time, and the ability of both parents to remain actively involved in a child’s life. Depending on the circumstances, relocation may require changes to an existing custody order or parenting plan.
Read more about what happens to child custody if a parent relocates in Georgia, including what parents should consider before making plans to move.
Modifying Child Support
Child support may need to be reviewed when a parent’s income changes substantially or when the financial needs of a child change. A job loss, significant increase or decrease in income, changes in parenting arrangements, or new child-related expenses may all be reasons to look again at an existing order.
We help parents review the current numbers, determine whether a modification may be available, and present the financial information needed to support or respond to a request.
Modifying or Ending Alimony
Some Georgia alimony awards can be changed when financial circumstances change. Remarriage, certain changes in living arrangements, or a substantial change in the finances of either former spouse may also affect an existing support obligation.
The terms of the original order matter. We review what was ordered or agreed to before advising whether modification or termination may be available.
When the Other Party Is Not Following the Order
Sometimes the order itself still works, but the other party is not following it. That can mean unpaid child support or alimony, missed parenting time, repeated problems with exchanges, or refusal to comply with other responsibilities required by the court.
We help clients determine whether the problem can be resolved without additional litigation or whether court enforcement is necessary. When enforcement is needed, clear records of missed payments, parenting-time violations, and communications can become important evidence.
Should You Modify the Order or Enforce It?
That distinction matters. If circumstances have genuinely changed, the better solution may be to update an order that no longer works. If the order still makes sense but one party simply is not following it, enforcement may be the appropriate response.
Our job is to help you understand which problem you actually have and pursue the approach that fits it, rather than creating more conflict than necessary.
Modification and Enforcement FAQs
Can I change a custody order if our current schedule no longer works?
Possibly. The court can modify custody or parenting arrangements when the legal requirements for a change are met. The first step is usually reviewing what has changed since the existing order was entered.
Does child support automatically change if my income changes?
No. A change in income may support a modification, but the existing child support order generally remains in effect until it is formally changed.
Can alimony be changed after divorce?
Some alimony awards can be modified when circumstances change, while others may not be modifiable. The language of the existing order or settlement agreement is an important starting point.
What if we both agree to change the order?
An agreement between former spouses or co-parents does not necessarily replace the existing court order. Formalizing agreed changes can provide both sides with greater clarity and protection if circumstances change again later.
What if the other party refuses to follow the court order?
Depending on the circumstances, you may be able to ask the court to enforce the existing order. We can review the violations, the available documentation, and the options for seeking compliance.
Get Guidance When the Old Order No Longer Fits
You should not have to guess whether a change in your life is enough to revisit an existing order or what to do when the other party will not follow one. Our attorneys can review where things stand, explain your options, and help you decide what action makes sense now.
Schedule a consultation with Petrelli Previtera, LLC or call our Marietta office at (770) 659-7030.