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Seeking a modification order? Here’s what you need

On Behalf of | Oct 4, 2017 | Blog

After a divorce, you may think there is no way to modify an existing agreement. Fortunately, you might still have the opportunity to seek a modification, especially if your spouse hid assets or if there were other things you didn’t know before you agreed to the settlement.

Initially, a judge may make decisions about your child custody plan or your asset division settlement. If you or your spouse disagrees with the judge’s ruling, then you can seek an appeal. The appeal takes the case to a higher court. Know that it isn’t normal for a higher court to overrule a lower court’s decision in divorce cases, but it is possible with the right information.

If you are more interested in modifying the divorce judgment you live by, then you can ask the trial court to change parts of the judgement after it’s finalized. You will need to file a motion to modify, which typically is submitted to the court where your divorce was heard. There may be cases when you can get the case moved to another court, like if you can show that the judge was biased in your case.

When would you file a modification request?

It’s normal to file for a modification if you are seeking changes to your custody arrangement. For instance, if you find out your spouse is working longer hours than before and is placing your children in daycare, you might try to seek a modification to place the children in your custody more often. You might ask for a modification if you lose your job, too, for example, since you may not be able to pay as much child support as usual.

Your divorce judgment isn’t so final that changes can’t be made. Know your rights, so you can seek amendments when necessary.