Legal Definitions - modification order

A modification order is a formal legal directive issued by a court that alters or amends the terms of a previously established court order. These orders are most commonly encountered in family law, where they are used to adjust arrangements related to child support, child custody, visitation schedules, or spousal support (alimony) after an initial divorce or separation decree has been finalized.

For a court to issue a modification order, the individual requesting the change must demonstrate that there has been a significant, or "material," change in circumstances since the original order was put in place. This change must be substantial enough to justify an adjustment to the existing terms, as courts generally prefer stability in family arrangements.

Here are some examples of situations where a modification order might be sought:

• Child Support Adjustment: Imagine a father was ordered to pay a certain amount of child support based on his income at the time of the divorce. Several years later, he is laid off from his high-paying job and, despite diligent searching, can only find employment that pays significantly less. He could petition the court for a modification order to reduce his child support payments, arguing that his substantial decrease in income constitutes a material change in circumstances affecting his ability to pay the original amount.

• Custody Schedule Change: Consider a scenario where a mother has primary physical custody of her child, and the father has visitation every other weekend. When the child reaches their teenage years, they express a strong, well-reasoned desire to live primarily with their father due to a change in school district or extracurricular activities that are more accessible from the father's home. The father could file for a modification order to change the custody arrangement, presenting the child's mature preference and the logistical benefits as a material change in circumstances that serves the child's best interests.

• Alimony Termination: Suppose a court ordered a husband to pay spousal support (alimony) to his ex-wife for a set period, assuming she would need time to become self-sufficient. If, unexpectedly, the ex-wife wins a substantial lottery prize or inherits a significant sum of money, making her financially independent, the ex-husband could seek a modification order to terminate or reduce his alimony obligations. Her sudden and substantial increase in wealth would be considered a material change in circumstances, eliminating her need for ongoing financial support.