Stafford, VA Post-Judgment Modification Lawyers

Skilled Divorce Attorneys for Post-Decree Modifications in Stafford, Virginia

Your divorce decree may include different provisions for the division of property, awards of spousal support, and the allocation of child custody and child support. While these provisions are legally binding, that does not necessarily mean that they are final. In some situations, a change to the judgment may be warranted. A Stafford, Virginia post-decree modification lawyer can help you file a petition to modify a court order and represent you in front of a judge.

At Meyer & Bowden, PLLC, we have decades of legal experience representing divorced clients. We will advise you of your options throughout your case and pursue the most efficient course of action, avoiding litigation if at all possible.

Modifying Spousal Support in Virginia

To modify spousal support in Virginia, you must show a material and substantial change in circumstances since the original award. Such changes often involve income shifts—like a significant raise or job loss—or new financial burdens, such as unexpected medical expenses.

The requesting party begins by filing a motion in the circuit court that issued the original decree. That motion must include an affidavit detailing the changed circumstances and any supporting documents, like pay stubs or medical bills.

At the hearing, the judge evaluates each party's current financial situation. The court will consider factors such as earning capacity, the duration of the marriage, and contributions made during the marriage.

If the court finds that conditions have changed materially, it may increase, decrease, or terminate the existing spousal support obligation. The revised order then governs payments going forward.

Modifying Child Support Payments

Child support modifications in Virginia also require proof of a material change in circumstances. Common reasons include a substantial income change for either parent, or new expenses for the child, like tuition or uncovered medical costs.

To initiate a modification, the parent must file a motion with the court that issued the original order. The parent must submit current financial affidavits, tax returns, and documentation of the child's needs. This paperwork establishes the basis for recalculating support.

When both parties appear at the hearing, judges apply the Virginia child support guidelines. These guidelines factor in each parent's gross income, the number of children, and any shared custody arrangement, ensuring that the child's best interests remain central.

While the court may apply any change retroactively to the date of filing, retroactivity is discretionary. Once the judge issues the modified order, it sets new payment amounts and a schedule for future support.

Modifying Physical or Legal Custody in Stafford, VA

To modify physical or legal custody in Stafford, Virginia, one must show that a substantial change has occurred since the entry of the custody decree and that the requested change serves the child's best interests.

The requesting parent files a petition in the same court that issued the original custody order, detailing the changed conditions and proposed new custody plan. At the custody modification hearing, the judge applies the "best interests of the child" standard, evaluating factors such as the emotional bond between child and parent, each parent's ability to provide stability, and the child's adjustment to home, school, and community.

In contested or complex cases, the court may appoint a guardian ad litem to conduct an independent investigation and report. Following the court's decision, the revised custody order governs parenting time and decision-making responsibilities based on the child's current needs.

Contact a Stafford Post-Decree Modification Attorney Today

Navigating post-decree modifications can be complex and emotionally taxing. At Meyer & Bowden, PLLC, our Stafford, Virginia post-decree modification attorneys guide you through every step, from preparing your petition to representing you at hearings. Call 703-722-8692 or contact our Stafford post-decree modification attorneys to schedule a consultation today.