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Is My “Final Custody and Support Order” Really Final?

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The short answer is “no.” Family courts have continuing and broad jurisdiction in most cases to enforce, modify or even revoke previous orders. Issues such as child custody and child support are almost always modifiable. Child custody changes require that any changes be “in the best interests of the children,” while most changes in child support orders require “a substantial change in circumstances.”

The important thing to remember is that once you and your ex have a court order in place that dictates how property division, support payments, custody and visitation should be handled, each of you should follow the order to the letter unless you mutually agree to a different arrangement (and your court order allows for deviations with mutual agreement).

In the event, your child support payments are to be paid through the court, it does not matter if you mutually agree to reduce the payment. The reduction in payment must be approved and filed with the family court, or the person responsible for making the payments could end up with a bench warrant issued for non-payment.

In the event, one party is withholding or interfering with custodial or visitation rights, you may be a position to petition the court for a change in custody. While the courts tend to want to name one parent as a primary custodian, if that situation proves not to work for the best interests of the child, it can be changed.

To schedule a consultation appointment CLICK HERE or call (864) 598-9172 today.


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