Once a court issues an order, it generally cannot be changed without a showing of changed circumstances warranting the modification. The process and standard for modification vary by state, but most often, the party seeking the modification has the burden of proving that a change in circumstances justifies the relief requested. If you are seeking to modify a court order post-divorce, here are four tips to keep in mind.
Understand Your State’s Standard for Modification
Each state has its own rules and procedures for modifying court orders. You will need to familiarize yourself with your state’s specific requirements before you even begin the process. In some states, the standard for modification is very high, and courts are hesitant to grant modifications except in extreme circumstances. In other states, the standard is more relaxed, and courts are more willing to grant modifications if there has been a significant change in circumstances. Knowing your state’s standard will help you determine whether or not it is worth pursuing a modification in your case.
Be Prepared to Show a Change in Circumstances
As mentioned above, most states require a showing of changed circumstances before a court will even entertain a motion to modify an existing order. Changed circumstances can include things like a change in job status, income, or living situation. If there has been no change in circumstances since the original order was issued, it is unlikely that a court will grant your request for modification.
Prove that the Change in Circumstances is Permanent or Substantial
In addition to showing that there has been a change in circumstances, you will also need to prove that the change is permanent or substantial enough to warrant an official change in rulings. A temporary and minor change in circumstances is not usually enough to warrant a modification of an existing court order. For example, if you lose your job but then find another job within a few months, this would not likely be considered a permanent or substantial change warranting a modification of things such as child support payments or alimony. However, if you lose your job and cannot find another one after several months of searching, this could be considered a permanent or substantial change justifying a decrease in payments.
Seek Legal Help
After a divorce, it is not uncommon for one or both spouses to seek a modification of an existing court order as their lives progress and change. The process of modifying a court order can be complicated and confusing, however, which is why it is so important to seek legal help from an experienced family law attorney. Divorce lawyers will be able to guide you through the process and help ensure that your rights are protected every step of the way, and that you can get the best outcome possible while making changes to previous rulings. If you are considering seeking a modification of an existing court order, contact a divorce lawyer today to schedule a consultation.
If you find yourself needing to modify an existing court order post-divorce, there are certain things you should keep in mind throughout the process. First and foremost, understand your state’s specific requirements and standards for modification. Next, be prepared to show that there has been a permanent or substantial change in circumstances since the original order was issued which warrants relief from the current order. Lastly, seek legal help from an experienced family law attorney who can assist you throughout this often complicated process.
