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Modification of Judgments

After the entry of Judgments in Family law actions, circumstances may change that require the parties to make adjustments to their court orders. An attorney can accomplish this by filing a Motion for Modification.

There are various factors that can form the basis for a modification to a divorce judgment. For example, the remarriage of an alimony recipient can be a reason for a party to modify financial orders. The fact that a former spouse is cohabiting with another individual under certain conditions while receiving alimony may also give rise to a motion for modification.

Changes to the employment status of either party can be the catalyst for a request for modification of court ordered support or alimony obligations. Also, the parties can lay out the basis for a modification in their Separation Agreement, such as an increase or decrease in income by specific a monetary amount.

If one or more of the children for whom child support is ordered have reached the age of majority the child support order should be modified accordingly.

If circumstances indicate that the best interests of the minor children are better served by a transfer of custody or a change to the parenting visitation or access plan, a motion for modification is the appropriate vehicle for accomplishing the change. A transfer in custody may prompt the new custodial parent to file a motion to modify the previous child support order.

Not all Family law judgments or orders can be modified. Once a property division is made in a Divorce or Dissolution of a Civil Union, that aspect of the parties’ judgment is not modifiable.

The issues of child support, child custody and visitation will always remain modifiable until a minor child reaches the age of eighteen. As a rule, orders regarding alimony are modifiable. However, sometimes the judge enters orders or the parties make agreements regarding alimony that limit or preclude modification.

Attorney Karen Reynolds has the experience and the tools necessary to help you decide whether your judgment or orders can or should be modified. For those interested in an out of court process, she offers Mediation to resolve your post judgment modification matters. And when necessary, she can assist you by filing a motion for modification and fighting for your legal rights in the Family Court.

Call the Law Offices of Karen Reynolds, LLC for your free consultation today.

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