Modification - Larkin Family Law

Can I change my original divorce or paternity order?

It depends. A modification action is only permissible when there is a substantial change in circumstances after the entry of a Final Judgment (final order in the original action). A divorce action ends with a Final Judgment of Dissolution of Marriage. A paternity action ends with a Final Judgment of Paternity. The circumstances after the Final Judgment are considered when determining whether there is a legal basis for a modification.

What do I have to legally prove to get a modification of my Final Judgment?

The Petitioner (the party filing the court action for modification) must prove that, there has been a change of circumstances that is (1) substantial, (2) unanticipated, (3) involuntary, and (4) permanent, warranting a modification to some provision of the Final Judgment of Dissolution of Marriage. The most common modifications are for child support, alimony, and the Parenting Plan (timesharing and parental responsibility).

Can I modify how we divided the assets and debts in my Final Judgment of Dissolution of Marriage?

Generally, a court cannot modify the equitable distribution after the entry of the Final Judgment. The distribution is final, regardless of any changes in circumstances.

I became disabled and lost my job. Can I modify my support obligation?

Generally, yes. With few exceptions, child support and alimony are modifiable following a substantial change in circumstances after the entry of a Final Judgment.

For child support, if you involuntarily lost employment as a result of your disability, your income has decreased as a result, and your child support payment changes by more than 5% or $50, then your child support should be modifiable. This would not be the case if your disability income matched or exceeded your previous income, or if your loss of employment was not permanent.

For alimony, if your ability to pay alimony has been reduced such that you can no longer the payments, then your alimony amount should be modifiable. Depending on the type of alimony you pay, the length of your alimony may not be modifiable. If your settlement agreement specifies that your alimony is non-modifiable in amount, then you cannot change the amount.

The road to modification can be legally, procedurally, and emotionally challenging. This is where we can help. Attorney Alexa Larkin has extensive experience successfully resolving modification actions, both inside and outside of court. We can review the facts of your case, discuss strategy and legal options, and help you decide how you want to proceed.

To learn more about how you may be able to modify a divorce or paternity order, schedule an appointment.