Post-Judgment Modification of Orders and Judgments
POST-JUDGMENT ISSUES IN FAMILY LAW AND PROBATE – How Do I File for Modification of Court Orders and Divorce Judgment?
Modification of Family Law Orders and Judgments
There are certain orders and judgments stemming from family law orders and judgments that may be modified. There are other orders and judgments that cannot typically be modified, including orders for permanent injunctions preventing domestic abuse as an example.
When a party wishes to modify a probate court order or judgment concerning a divorce, paternity, custody or support issue, there are several preliminary questions that must be asked and addressed:
- How old is the order or judgment?
- Is the judgment, decree or order modifiable by either a statute that allows modification or language in the current judgment or order that allows modification?
- What court must the party wishing to modify the order apply to for modification?
- Is the other party willing to agree to modification?
- Did the court “retain jurisdiction” to modify the judgment or order?
- What is the best strategy to achieve the end result of modification?
When a family law party seeks to modify a decree, he or she must file a motion with the appropriate court. A motion is a request for hearing where a judge will hear the issues involved and issue another ruling, either denying the motion or part(s) of the motion or granting the motion or part(s) of the motion.
Issues that may be addressed during modification proceedings may include:
- Modification of child custody and visitation orders;
- Modification of child support;
- Modification of temporary alimony;
- Modification of permanent spousal support in certain circumstances;
- Modification of Marital Settlement Agreement terms; and
- Modification of venue for family law case to be transferred to different county.
To schedule a free, initial consultation to discuss your options with our attorneys that specialize in family law only, call or email us immediately. We are available to discuss the questions listed above regarding your court order or judgment. Our lawyers have litigated countless modification motions dealing with divorce, paternity, custody, child support, alimony, and other family law issues.
Our firm serves all courts in Bristol County, including the New Bedford, Fall River and Taunton courthouses. We also serve all courts in Plymouth County including the Family and Probate Courthouses in Plymouth and Brockton.