Legal Definitions - motion to modify

A motion to modify is a formal request made to a court by one of the parties involved in a legal case, asking the judge to change or alter an existing order or judgment that the court previously issued. This type of motion is typically filed when there has been a significant change in circumstances since the original order was made, making the original terms no longer appropriate or practical.

Here are some examples to illustrate how a motion to modify works:

• Child Custody Arrangement: Imagine a court issued a child custody order stating that two parents share joint custody, with the child primarily residing with Parent A. A few years later, Parent A receives a job promotion that requires them to relocate to a different state. Parent A would likely file a motion to modify the existing custody order, asking the court to allow the child to move with them, or to adjust the visitation schedule to accommodate the new distance. This illustrates the term because Parent A is asking the court to change a previously established legal order due to a significant life event.

• Spousal Support Payments: Consider a divorce settlement where the court ordered one spouse to pay a specific amount of spousal support (alimony) to the other spouse monthly for a set period. If, a year later, the paying spouse suffers a severe medical condition that prevents them from working and significantly reduces their income, they might file a motion to modify the spousal support order. They would ask the court to reduce the amount of support they are required to pay, or even terminate it, given their changed financial capacity. This demonstrates the term as it involves seeking an alteration to a financial obligation previously mandated by the court due to unforeseen circumstances.

• Probation Conditions: A person might be sentenced to probation with specific conditions, such as a strict curfew or mandatory weekly meetings with a probation officer. If that person later secures a new job that requires them to work evening shifts that conflict with their curfew, or involves frequent travel that makes weekly check-ins impossible, their attorney could file a motion to modify the probation conditions. They would ask the court to adjust the curfew hours or allow for less frequent check-ins to accommodate the new employment. This example shows how a court's directive can be updated to reflect practical changes in an individual's life, ensuring the conditions remain fair and achievable.