Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, February 26, 2021

Parties' Mutual Agreement to A Modification

From JD Supra:

After a divorce or paternity matter ends, one or both parties may want to somehow modify the judgment. In a general sense, modifications occur in cases of child custody, child support, spousal support, or alimony. However, modifications to the property division in a divorce are generally not allowed and depend on the type of modification to seek.

The legal requirements vary by state, but in general, a party has to show a change in circumstance of a substantial and continuing basis to justify the modification. In some jurisdictions, a certain amount of time from the judgment might need to elapse. In other jurisdictions, there is no such requirement if there is a substantial and continuing change.

Ultimately, a trial or evidentiary hearing will need to take place where witnesses testify and evidence is submitted.  In some cases, the judge may decide to modify the judgment. Either way, most judges issue a written judgment explaining whether there was a modification and their findings of fact and conclusions of law.

Read more here.

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