Changing a Prior Custody or Child Support Order… Is it Possible?

25
Mar
2015

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Whether you spent months and lots of tears to obtain your first judgment, or you were one of the lucky ones who was able to come to an agreement with your former spouse or partner, sometimes that first judgment doesn’t stand the test of time.  It is for that very reason that Louisiana courts permit you to attempt to change your prior judgment by filing a Motion to Modify.  However, there are certain requirements that must be met before a Court will even consider modifying your prior judgment.

There must have been a “material change in circumstance” from the time that the judgment was signed until the day that you file your Motion to Modify.  For instance, if you have changed jobs since your original child support order was signed, the courts may view this as a “material change in circumstance” and may re-evaluate your child support obligation.  In addition, if you discover that your former spouse or partner is doing something which may be detrimental to your child while he or she is in his or her custody, the court may view that as a “material change in circumstance” and may re-evaluate your custody arrangement.

As always, the facts of each case drive the likelihood that, in the end, you will have a judgment that you prefer and the best way to fight for that judgment is to seek the advice and counsel of an experienced family law attorney.