Fairfax Modifications Attorney
Helping You Navigate Post-Divorce Changes with Confidence

Life rarely stays the same after a divorce. Circumstances shift—children grow older, people change jobs, and unexpected financial challenges arise. When these changes impact custody, visitation, child support, or spousal support, it may be necessary to modify your existing court order. As seasoned Fairfax modifications attorneys, Wexell Milman provides trusted legal guidance to help clients petition for or contest modifications in Virginia family courts.

Understanding Modifications in Virginia

A modification is a formal legal process to change an existing family court order due to a significant change in circumstances. In Virginia, courts do not automatically adjust orders when life changes. A party must file a motion and demonstrate that a material and continuing change has occurred that justifies the modification.

• Orders commonly subject to modification include:
• Child custody and visitation (parenting time) 
• Child support
• Spousal support (alimony)

Each type of modification requires specific legal standards to be met. Our attorneys assess your case, explain your rights, and represent your interests through every step of the process.

To speak with our experienced Fairfax modifications lawyers, call us at (703) 454-5448 or contact us online today. 

Modifying Child Custody and Visitation

Modifying child custody and visitation orders is possible when the circumstances have changed materially and the proposed change is in the child's best interests. Some common reasons for seeking a modification include:

• One parent relocating
• Changes in the child’s needs or health
• Parental substance abuse or criminal activity
• Parental alienation or non-compliance with the custody order
• A change in the child’s preferences (depending on age and maturity)

Courts will always prioritize the child’s well-being. As your Fairfax modifications attorney, we will build a strong case to support your petition or defend against an unjustified request.

Modifying Child Support Orders

Child support obligations may be increased or decreased if a substantial change in financial circumstances occurs. Some examples include:

• Job loss or significant income reduction
• A substantial increase in either parent’s income
• A change in custody that affects the child’s primary residence
• A child’s medical needs or education expenses significantly increasing
• A parent having additional children or dependents to support

Virginia law allows either parent to file for a review of the support order. However, you must provide clear evidence to justify the change. Our legal team will gather the necessary financial documentation and advocate for a fair and accurate support order that reflects current realities.

Modifying Spousal Support

Spousal support (alimony) may be modified unless the original divorce decree explicitly prohibits future changes. Common reasons for modifying or terminating spousal support include:

• Significant change in income or employment status
• Retirement of the paying spouse
• Remarriage or cohabitation of the recipient
• A long-term illness or disability impacting earning ability

Modifying spousal support in Virginia requires navigating complex statutes and case law. We can evaluate whether the court’s original order is modifiable and advise you on the most strategic course of action.

Enforcing vs. Modifying Court Orders

It’s important to distinguish between enforcement and modification. If the other party is not complying with a court order—for example, withholding visitation or refusing to pay support—modification may not be the appropriate first step. In such cases, enforcement actions such as contempt proceedings may be necessary.

However, if a current order no longer reflects the practical or legal reality of your situation, then modification is the correct legal remedy. Our team can help you determine the appropriate legal path and take prompt action.

Defending Against Modification Requests

Not all modification requests are justified. In the event that your former spouse or co-parent files for a change that is not in your child's best interest or is based on incomplete or misleading information, we will protect your rights.

As experienced litigators and negotiators, we prepare each case thoroughly. Our goal is to resolve conflicts efficiently, often through mediation or negotiated settlement. However, we are always ready to advocate in court when necessary.

The Modification Process

Modifying a court order involves several key steps:

• Filing a Motion to Modify: The petitioning party must file a motion with the court explaining the changed circumstances and requested modification.
• Notification to the Other Party: The other party must be formally served and given an opportunity to respond.
• Evidence and Documentation: Both parties present evidence supporting or opposing the modification.
• Court Hearing: If the parties cannot reach an agreement, the court will hold a hearing and make a decision based on the evidence presented.

Our role is to ensure your motion or response is legally sound, well-supported, and aligned with your long-term goals. Whether you are seeking or contesting a modification, we provide experienced, responsive representation throughout the process.

Why Choose Wexell Milman for Modifications in Fairfax?

With decades of combined family law experience, the attorneys at Wexell Milman offer practical, strategic advice backed by a deep understanding of Virginia’s legal system. Clients choose us because:

• We focus on solutions: Our attorneys are committed to achieving meaningful results that reflect each client’s unique needs and goals.
• We know the local courts: As Fairfax-based attorneys, we are well-versed in local procedures and familiar with the judges who hear modification cases.
• We are responsive: Post-divorce challenges are often urgent. Our team communicates promptly and clearly, keeping you informed every step of the way.
• We tailor our strategies: No two families are alike. We craft modification strategies that align with your family’s changing dynamics and long-term interests.

Speak with a Fairfax Modifications Attorney Today

A Fairfax modifications attorney is essential when you are experiencing a change in your financial situation, struggling with a difficult co-parent, or facing a request for modification. Wexell Milman is here to provide the clarity, guidance, and advocacy you need to protect your rights and move forward with confidence.

To speak with our experienced Fairfax modifications lawyers, call us at (703) 454-5448 or contact us online today.