Modification is a term used to describe a change to an existing Court order. A Modification requires a new Case to be filed and can be extremely complicated. Specific criteria has to be present and met BEFORE the Modification can be filed. There are several reasons to request the Court to modify an existing order. The most common reasons to file for a Modification regarding a Family law matter are Child Custody, Child Visitation and Child Support. You cannot modify issues or property division or debt division absent some type of coercion, fraud or duress
Often, modifications are filed after a divorce and the circumstances of the mother and/ father change. There may have been a change in lifestyle or other circumstances so that one parent’s home is no longer an appropriate environment for a minor child. It may be that one parent plans on moving out of the state. It could even be that a parent has had a significant increase or decrease in income.
These are just of few examples of why you may need to modify the terms that were set at the time of the divorce. Some of the issues that frequently need to be re-addressed are:
- Change of custody
- Change of visitation
- Increase in child support
- Decrease in child support
- Supervised visitation
- Increase in alimony
- Decrease in alimony
If you need answers to your questions, give Dreyer Law a call to schedule a free consultation. We will take the time to sit down with you to discuss the change in circumstances that has occurred and advise you of your options.
Please remember, this article is merely meant for guidance and information purposes. It is NOT intended as legal advice nor does it establish attorney/client relationship or privilege.