Sumter Modifications Lawyer & Law Firm

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Sumter Modifications Attorney

When life circumstances change, it may become necessary to modify an existing court order. This can be due to a change in income, needing to move for a new job, or any other evolving family need. Because change is inevitable, family law allows individuals to seek modifications to all child support, custody, and alimony orders to better reflect their current situation. If this applies to you, a Sumter modifications lawyer can help you to start the modification process.

At Kinney Law Firm, we understand how unpredictable life can be. It’s why we are motivated to help our clients step in and have their court orders adapted to meet their evolving needs when necessary. From day one, we work with our clients to better understand what has changed and what justifications we can put together, with solid evidence, to build a strong modification case. If you’re navigating any family law changes, a compassionate family lawyer in Sumter can provide the expertise and support you need. With our knowledge of family law, we can guide you through the process with confidence.

Best Sumter Modifications Lawyer

What Evidence Is the Most Compelling When Requesting a Modification?

The reasoning behind your request for a court modification will dictate what evidence could be the most compelling to make your case. This is an important conversation, as the courts require proof that a significant change has occurred to enact the modification.

Some of the most used pieces of evidence that might help strengthen your case include:

Financial Documentation

If you need a court order modified that has financial implications, such as child support or alimony payments, providing financial records will be critical. Some of the most commonly used as evidence include:

Pay stubs and tax returns. This can help to demonstrate if you experienced a significant increase or decrease in your annual pay.
Bank statements. If you are experiencing some type of financial hardship or have had a significant change in how financially stable you are, bank statements can help verify this.
Employment records. These records can help to show if you experienced a job loss, change in career, or have had your hours reduced.
Medical bills. If you have been diagnosed with a new medical condition that has required a ton of medical intervention, providing your medical bills can help to demonstrate these new financial obligations that have made your budget tighter.

If you are requesting your payments to be reduced, it’s important to show that the decrease in income was involuntary. It will be harder to have your modification approved if your change in financial circumstances were due to a personal choice, such as quitting a job or intentionally working fewer hours.

Medical and Psychological Reports

If you are requesting a modification due to a health concern, such as a parent’s inability to work due to a disability or a child’s need for a revised custody arrangement, providing medical records and various expert testimonies can be extremely powerful.

Some items to consider include:

Doctor’s reports. This documentation can help to prove you experienced new injuries, have been diagnosed with a chronic illness, or now have had complications with a medical condition that was not a consideration when the original order was made.
Psychological evaluation. Evidence of your or your child’s emotional and mental health needs can be proven by an official evaluation by a psychologist.
Treatment plans. If you now have new ongoing medical needs, a treatment plan can help the court appreciate how much the new associated costs will impact your life.

Proof of a Substantial Life Change

A successful modification request also hinges on proving how there has been a substantial change in circumstances. For example, sharing a lease agreement or mortgage statement can help prove that you had to relocate for a new job offer. If you are someone who has remarried, sharing a marriage certificate can show how you now will rely on your new partner’s income and no longer need alimony payments from the previous marriage.

FAQs About Sumter,SC Modifications Law

How Much Do Lawyers Take From Settlements in South Carolina?

The personal injury lawyers who work on a contingency fee basis in South Carolina will take a certain percentage of your settlement amount for payment. If they are unable to secure a settlement for you, you have no other legal obligation to pay them for their services. The exact amount will be agreed upon before they start working on your case. This can be an attractive arrangement for those who are worried about being able to afford legal costs.

Can a Child’s Preference Impact a Custody Modification Request?

There are times when a child’s preference could impact the outcome of a custody modification request. However, it’s rarely the sole determining factor. First, the court will likely only take their preference into consideration if they are old and mature enough to articulate their reasoning. The judge will listen and assess if this option aligns with other factors, such as each parent’s stability, involvement, and ability to support the child’s well-being.

What If My Ex Refuses to Follow the Current Custody Order?

When one spouse refuses to follow the rules of an existing custody order, this could be enough grounds to request an official modification. This is because the courts expect both parents to comply with these agreements. When there are documented repeated violations, such as denying visitations or failing to properly communicate, the court may interject and approve a modification to reverse any damage that was being inflicted on the children involved.

How Long Does It Take to Get a Custody or Support Modification Approved?

The length of time it takes to get your modification request approved will depend on many different factors, such as whether the request is being contested or not, how quickly the paperwork was filed, and whether the court is able to take on the case in a reasonable amount of time. If the other spouse is disputing the request, extra time will be needed for medication sessions, hearings, or even another trial. This should be factored into your timeline expectations.