Legal Definitions - motion for modification

A motion for modification is a formal request made to a court asking it to change or alter an existing order or judgment. This type of motion is typically filed when there has been a significant change in circumstances since the original order was issued, making the current terms no longer appropriate or fair.

Here are some examples:

• Child Support Adjustment: Imagine a divorce decree established that one parent pays $1,000 per month in child support. Two years later, the paying parent is laid off from their job and, despite diligent searching, can only find new employment that pays significantly less. This parent could file a motion for modification with the court, requesting a reduction in the child support payments based on their changed financial circumstances. The court would then review the new income and potentially adjust the support order.

• Parenting Plan Revision: A court order dictates that divorced parents share equal custody of their children, with the children alternating weeks between homes. However, as the children grow older, one child develops a serious medical condition requiring specialized treatment available only near one parent's home. The parent living near the medical facility could file a motion for modification to change the parenting plan, requesting that the child reside primarily with them to ensure consistent access to necessary medical care. The court would consider the child's best interests in deciding whether to modify the existing custody arrangement.

• Alimony/Spousal Support Termination: A court ordered one spouse to pay alimony to their former partner for a period of five years. Three years into the agreement, the spouse receiving alimony remarries. In many jurisdictions, remarriage can terminate spousal support obligations. The paying spouse could then file a motion for modification to ask the court to end the alimony payments, citing the former spouse's remarriage as the significant change in circumstances that warrants the alteration of the original order.