Decisions ordered by a New Mexico judge in family law matters can be modified in many situations if the person requesting the change can justify the need for the modification. An experienced family law lawyer can review your situation, determine whether a modification is appropriate, and build a case to demonstrate to the judge why modification is warranted under the current circumstances.

At Batley Riley Family Law, we know that the terms of a divorce decree, custody order, spousal support order or child support arrangement affect your life in a deep and meaningful way. Whether you want to seek a modification or desire to keep the terms as they are, we will work with you to obtain your objectives. Often, the change in circumstances that have led a party to seek modification is rooted in financial changes. Our Team has knowledge and experience related to an array of financial issues and will work with you to strategize how to best succeed in seeking modification

When Do Circumstances Justify a Modification?

Generally, before a court will consider modifying terms of a divorce decree, the person seeking the modification must demonstrate that a substantial change has occurred in the finances or needs of one of the parties involved. Some changes that could provide grounds for a modification include:

  • A significant change in income
  • Increases in a child’s expenses, such as for medical needs or education
  • Receipt of an inheritance
  • Increases in insurance expenses
  • Remarriage or cohabitation of a person receiving support

Some circumstances may justify a modification of some terms but not others. For instance, cohabitation or remarriage can provide grounds to discontinue spousal support payments, but may not have any effect on child support obligations.

Matters That Generally Cannot Be Modified

Parents frequently ask the court to modify custody arrangements and financial support plans. Courts are willing to re-examine matters that affect children because the child’s best interests are always the most important factor and those interests can change over time.

Some matters, however, are rarely, if ever, modified by the courts. These issues include decisions involving allocation of debt and division of property. While ongoing spousal support obligations may be modified, a court is unlikely to modify lump-sum spousal support, even if it is paid in installments.

However, if a party can introduce evidence to show that these decisions were based on inaccurate or fraudulent information, it may be possible to have the terms modified.

Contact Batley Riley Family Law for Assistance with Modifications

When handling a request for a modification, it is crucial to understand the factors that the courts find most persuasive and know how to present the best arguments to achieve your objectives. At Batley Riley Family Law, our experienced lawyers know how to get results, whether through negotiation or litigation. Call our Albuquerque office today at (505) 246-0500 or fill out this contact form to take the next step toward scheduling your confidential case evaluation.