How are court orders modified?
A party wishing to modify or change an existing court order must file an Order to Show Cause re: Modification. The types of orders that are usually subject to modification are orders involving minor children such as custody, visitation and child support, as well as orders for spousal support. Orders made regarding the division of assets and debts pursuant to Judgment are intended to be permanent, binding and non-modifiable orders unless otherwise stated in the Judgment.
Whether or not a court will modify a previous court order is a complex and complicated issue with the outcome determined by past and present circumstances, whether or not the current order is a “temporary” order or considered a “permanent” order, burden of proof issues, as well as statutory and case law pertinent to the specific issues raised by the modification request.