Las Vegas Attorneys to Modify Orders
Helping You Obtain the Court Order You Deserve
Over time, court orders such as custody, alimony, and child support often become outdated or no longer serve the needs of the parties involved. Filing a request for a modification of your orders can help you obtain a court order that's more accurately tailored to your needs.
At Bremer Whyte Brown & O'Meara, our Las Vegas modifications lawyers have a wealth of experience helping Nevadans pursue order modifications.
To schedule a consultation with one of our experienced attorneys, contact us online or via phone at (702) 297-5750.
What Kind of Court Orders Can be Modified?
Generally, modification cases apply to one of the following three kinds of court orders:
- Alimony orders;
- Child custody orders; and
- Child support orders.
Payors and recipients engaged in an alimony, child custody, or child support order can file a a request for a modification if they experience a change/substantial change in circumstances that renders the current order insufficient or untenable. However, what constitutes a change/substantial change in circumstances varies depending on the order in question.
It's also important to note that order modifications don't necessarily have to be implemented through a courtroom hearing. If two parties agree to a modification, they can draft an agreement detailing the terms of that modification. If a court agrees that the terms of the proposed modification are fair and justified, they can approve the modification agreement, finalizing the modification order.
Changing an Alimony Order
Alimony is modifiable upon a change of circumstances. A change in income of twenty percent (20%) or more in the gross monthly income of the spouse that pays the alimony constitutes changed circumstances requiring a review for modification of alimony. Additionally, the Court will consider whether the income of the paying spouse has been reduced to such a level that the spouse is financially unable to pay the amount of alimony as ordered.
If the court determines that the alimony arrangement should indeed be modified, the judge can determine the appropriate adjustments and issue new orders.
Changing a Child Custody or Support Order
Child custody and support orders are different than alimony orders – a court will always make orders in the child’s best interest.
Similar to adjusting an alimony arrangement, both parties can attend a hearing in front of the court and present their cases (assuming they don't have a modification agreement). If the court agrees that the custody or support arrangement should be modified, it can issue a judgment adjusting the order appropriately.
The Courts will conduct a different modification analysis depending on whether the request is to modify from primary custody to joint custody, or from joint custody to primary custody.
Either parent (or the Welfare Division of the Department of Human Resources) can request that an order for child support be reviewed at least once every three years to determine whether the order should be modified or adjusted. If the modification is requested before the three (3) year review, a change in circumstance of the paying parent’s income is required. A 20 percent or more increase or decrease in income constitutes a changed circumstance requiring a review for modification.
At Bremer Whyte Brown & O'Meara, our Las Vegas modifications attorneys will work with you to pursue an outcome that furthers your best interests.
To schedule a consultation with our team, contact us online or via phone at (702) 297-5750.
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