Modification of Judgments

If you are divorced, legally separated, have had your marriage annulled, or have an existing paternity or custody judgment or court order, then child custody, parenting time, child support and related issues, and spousal support may be modified under certain circumstances. To modify legal custody, child support, or spousal support, the party who asks for the modification must prove that a substantial, unanticipated change in circumstances occurred since the time the judgment was entered. Either party can ask the court to modify parenting time by showing it is in the child’s best interest to do so. Parents who have never married but who have a paternity judgment can also seek to modify custody, parenting time, and child support.

For example, following a divorce, if the former spouse who receives spousal support remarries, that can sometimes justify modifying or terminating spousal support. As another example, if the parties’ child was age three at the time of the divorce, a change in the parenting plan is likely warranted a few years later, because the child will mature and have different developmental needs.

Peter will work with you to assess whether there is a reasonable factual and legal basis for modification, whether you are seeking to modify a judgment or you are responding to a motion to modify. There is a large body of law regarding modifications of judgments. Peter will work with you to assess the range of possible results and to settle your case. In the event your case does not settle, Peter has substantial experience in litigating modification proceedings.