Bentonville Modifications Lawyer

Life is often unpredictable. The divorce decree and/or child custody arrangement you may have established during your divorce may need to be changed to better reflect your current circumstances. There’s nothing wrong with wanting to modify a custody agreement, so long as you do it through the proper channels. Modifications are common in Arkansas and often necessary. A Bentonville modifications lawyer can help you work through them correctly.

The family lawyers in Bentonville at Bundy Law can provide legal assistance for modification cases. It’s always recommended that you have a lawyer help you through anything involving the state’s modification laws. You want to make sure the modification is fair and not biased toward your ex. A Bentonville modifications attorney like Aaron Bundy can provide your case with decades of experience in family law. Our firm knows what kind of help you’ll need for a case like this.

When Should You Seek a Modification in Arkansas?

If you decide to pursue legal action for a modification in Bentonville, your case will be handled by the Benton County Circuit Court. You’ll file the petition to modify in the same court that handled the original order. Child custody modifications are common in Arkansas. In 2024, recipients in the state received $210,518,799 in child support simply from wage withholding. It’s vital that you have a lawyer to help you figure out the right way forward with your modification.

There are many possible situations where you are encouraged to seek a modification in Arkansas. Most of the time, it’s due to a significant life change that affects your financial status or impacts the child’s needs. Any change to a child custody agreement needs to be approved by a judge, and it will only happen if they deem it appropriate. That’s why you should have a lawyer to help you state your case. Here are some of the situations that might warrant a modification:

• Income change. If either you or the other parent has a significant change in income, either an increase or a decrease, you may want to consider modifying the arrangement, especially if the change happens to the custodial parent. An increase in income for the noncustodial parent can result in more child support, while a decrease in income for the custodial parent can result in a possible change in custody.
• Time limitation. You may want to consider modifying the custody agreement if you’ve gone more than three years without reviewing it. In that time, there may have been serious changes in both you and your ex’s circumstances. Your children may be approaching 18 and may want to have a say in where they spend their time. There are many factors to consider simply by revisiting the original agreement over time.
• Relocation. One of the most common reasons to modify a custody agreement is when a parent is forced to relocate, which makes your current visitation schedule totally unworkable. If you’re the custodial parent, you won’t be able to relocate with your children without first getting court approval and notifying the other parent, who may try to fight you for custody. Make sure you have a lawyer to help you file the modification.
• Safety and stability. In some cases, you may need to seek a modification of custody if the other parent becomes involved in criminal activity, substance abuse, or domestic violence. It may be a safety and stability situation to solve by revisiting the original agreement. The last thing you want is to let someone create a dangerous environment for your child.
• Violation of orders. If the other parent chooses to violate the pre-existing order or withhold visitation, you should document these violations and work to modify the agreement to reflect those violations. You may then be able to use the violations as a way to change the agreement in your favor.

FAQs

How Often Can You Modify Child Support in Arkansas?

You are allowed to modify child support in Arkansas every three years through a formal review. If there is a significant change in circumstances, you can modify child support immediately. Significant changes include a 20% change in income or a change in custody. Every modification requires a judge’s signature. It’s recommended that you enlist legal help and hire a modifications lawyer to assist you in drafting your claim for a judge.

How Can I Succeed in a Child Support Modification Case in Arkansas?

The only way you can succeed in a child support modification case in Arkansas is by proving a material change in circumstances that warrants modifying the existing agreement. Make sure you file your claim in a timely manner, provide proof of any income changes, and develop a strong case with the help of a modifications lawyer. The more evidence you have of your situation, the easier it may be to succeed in modifying the agreement.

When Does Child Support End in Arkansas?

A noncustodial parent’s child support obligation ends in Arkansas when the child turns 18. However, if the child is still attending high school at the age of 18, the parent will still have to pay child support until they graduate or until the end of the school year when the child turns 19. Child support will also be terminated if the child is emancipated by the court, marries, or dies. If the child is disabled and incapable of self-support, the obligation may continue longer.

How Is Child Support Calculated in Arkansas?

In Arkansas, child support is calculated using an income shares model that calculates support by combining both parents’ gross incomes to figure out the total support that’s needed. The noncustodial parent’s share of support is calculated based on their percentage of that total income, with adjustments for childcare, health insurance, and overnight parenting time. The goal is to reach an amount that gives the custodial parent financial assistance.

Make Sure You Hire a Modifications Lawyer

It’s important to have a modifications lawyer in your corner when you decide to change the terms of an existing legal agreement. They can guide you through the process and prevent you from making mistakes. At Bundy Law, we can provide that help. Contact us to speak with someone on our team about what you need.