Modifications often pertain to the substance of the decree or order. The court may modify its previous command if it finds that justice requires it, typically at a subsequent marriage dissolution proceeding. Similarly, the court may be asked to change child custody or visitation terms after their initial issuance.
The word 'modifications' refers to any alterations made in the ultimate court order, and it follows the entrance of child support or divorce decree order. Modifications can occur when whichever parent wants to alter something in their original divorce judgment.
Which Orders Can Be Modified In Family Law Cases?
Numerous types of decrees, judgments, and orders are adjustable in family law. Judgments and decrees entered in annulment, paternity and nullity cases, and legal separation can often be altered in the future after entry of the verdict. The orders that can always be changed include child support and child custody.
These orders can always be changed since guardians are not permitted to agree to orders that are non-definable for child support and custody. The charges and judgments that can be altered include spousal funding and particular provisions where the court precisely 'reversed jurisdiction' to modify or make further orders.
Habitually, the spouses' divorce judgment will specify if the terms of that provision consent to alteration. The judgments that cannot be changed include contracts for property splitting or final determinations.
How Lawyers Determine Whether an Order can be Modified
There are two stages in the determination of whether a decree or order can be modified;
- Whether the issue is statutorily changeable, only specific orders are changeable under the law, including visitation judgments, spousal support, child custody, and alimony. Judgments for the splitting of community assets are not changeable unless a divorce says differently.
- Whether the judgment terms provide a go-ahead for modification, the terms of the order may specify whether it is allowed to be changeable. For instance, so e people agree to alimony orders that are non-modifiable as they cannot be changed in the future even if there is a shift in circumstances.
Is Legal Representation Needed to Modify a Family Court Order?
It is undoubtedly wise to consult a family law expert to assist with your modification motion or if you are responding to that motion. Numerous distinctions will relate to modification orders and having the assistance of a lawyer that has handled such cases extensively before.
Consult our attorneys and have a free and private consultation to talk about your options.
