WHAT IS A DIVORCE MODIFICATION?
A Modification is used when a party wants to change a Court Order. As an example, this is used in child support cases when there is a material change in circumstances that can also be demonstrated. It is imperative to understand that the Court will only address an issue that remained modifiable after Judgement has originally entered.
Common modifications in post-divorce cases usually involve child custody, child support, alimony, and health insurance. Speaking with a family law attorney beforehand can help you predict the outcome of your modification. Both parties will either agree or disagree with the modification. If both parties are in agreement, the modification will be drafted and filed with the Court.
Some examples that may warrant a modification include, but are not limited to:
· Job loss or business income reduction;
· Increase in income / earnings;
· Loss or change in health insurance;
· Moving children out of State or Country;
· If durational limits for alimony have been exceeded;
· If an alimony payee is cohabitating or the payor reaches full retirement age;
Typical court costs for Modification in addition to your attorney costs:
· If your case is pending pending and you seek that the court change a temporary order, there is no filing fee;
· If you ask the court to change a judgement concerning child support, custody, or visitation, the filing fee is $50 plus $5 for the summons;
· If you ask the court to change a judgement concerning anything not regarding children, the filing fee is $150 plus $5 for summons;
· If you cannot afford said filing fees and ask to waive the fees for both parties, reasons to request includes if you are on public assistance, have income after taxes of less than 125% of the poverty level and if you are paying fees that you could not pay for your basic necessities.
IMPORTANT THINGS TO CONSIDER WHEN FILING A MODIFICATION
It is imperative to understand that you should not sign any agreement, even if it’s a modification, if you do not fully understand and acknowledge what you are signing. You also do not want to feel pressured into signing a modification. It is advised to talk with your lawyer before you sign anything. If you need assistance, please do not hesitate to contact Fernandez, Socci & Nieves Family Law at (978) 681-5454 firstname.lastname@example.org so that you know your options and can formulate a strategy for you.
About the Firm
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