Modification of Prior Orders
Modification of Prior Orders
May people who consult with a Family Law Attorney or a Matrimonial attorney need to modify a prior Order or Agreement entered by the parties. As time goes on, and life happens to us all, some Orders need to be changed (modified).
If a client meets the proper burden of proof, a Court may modify a prior Order. Common modifications are for Child Support, where a Order is either Modified Downward due to a loss of income or upward if the payor spouse is making more money but paying money based on an income that was calculated on a lesser salary.
Custody Orders are sometimes modified and custody changed from Husband to Wife or Wife to Husband. The visitation/parenting time within a custody order can be modified.
Spousal Support Orders can be modified if the payor spouse suffers a loss of income. While there are numerous hurdles to be met, if the spouse is successful the Order is usually modified downward.