Getting your Trinity Audio player ready...

Did you know that in 2024, the United States Courts reported a roughly 3% decline in the number of appeals filed across the 12 regional courts of appeals? The total came to 39,469, which is 1,212 fewer than the previous year. The slight decrease in appeals could indicate that initial court orders are being drafted with greater care, potentially reducing the need for amendments or additional legal challenges.

In the context of family law, a child may find himself or herself in an unfair situation due to a shift in custody, support, or financial arrangements. If this happens, you may wonder if you can modify a court judgment regarding child custody and support.

Let’s look at court judgments and modifications:

Understanding Court Judgments and Modifications

It’s important to understand court judgments before deciding how to ask for modification. If you want to change a judgment, you first need to know what it is. A judgment is a decision made by a judge about things like custody or support.

According to lawyers from family law firm Minyard Morris, regardless of what the court ultimately awards, the amount of child support is not a permanently fixed amount. It is always modifiable. You may always seek a modification to child support if there has been a material change in circumstances since the date of the last order.

The first step in modifying a court order is to demonstrate that significant circumstances have changed since the judgment’s issuance. Such circumstances could involve changes in income, living situation, or the child’s needs. You must understand the proper process and grounds that are necessary for modifiability. 

This knowledge will help you deal with the complicated legal system and present your case for the modification in a way that reflects the current situation correctly.

Grounds for Modifying Child Custody Arrangements

As mentioned, child custody often needs to be adjusted when there is a change in circumstances. This can happen due to a job change, losing income, or needing to reassess the child’s needs. In most states, like North Carolina, the average child support payment is based on the parents’ income, the child’s needs and the time each parent spends with their child. 

The minimum payment in NC is $50 per child per month.

If you are a parent with the custody of your child, receiving just the minimum child support payment may mean that you have to find ways to meet the financial needs of your child apart from caring for them.

If you think that the current arrangements are not in your child’s best interests, that is a valid reason to ask for a change. A change in child custody or child support will only be approved if it truly helps the child. Concentrate on what is best for the child while you prepare your case. It’s also best to hire a lawyer if you have questions about changing court orders for child support, custody or spousal support.

Modifying Financial Settlements and Agreements

Any changes in the financial situation of either of the two persons may require a review of the current agreements. Later on, these changes could lead to financial difficulties due to job loss, a significant change in income, or unexpected expenses.

In such cases, determine if the current terms are good for you. You could talk to your spouse about negotiating changes that may affect asset distribution or debts owed.

Keep open lines of communication with the other party because they might agree to some changes, given the big ones happening. If you make a strong case, the court may change the order to something better for you.

Have all of your documentation readily available to prove the necessity of the change.

The Legal Process for Seeking a Modification

Dealing with the legal process of a modification suit can seem challenging, but it’s easier once you understand the steps involved.

Gather evidence to show that there has been a big change in circumstances since the original judgment. You shall then draft and file a motion for modification with the appropriate court, presenting your reasons and supporting evidence.

The party that received the motion shall then be served so that they can file an answer. After that, you must prepare for a hearing where you can present your case. The judge will listen to both sides and then deliver a decision.

If the judge approves the motion, the court will create a new order to show the changes. It can be very helpful to have a lawyer guide you through this process.