Is Modification Of A Divorce Judgment Possible?
Tuesday February 16 2021
You received a judgment of divorce and you are wondering if it is possible to ask for a modification of the custody order and child support.
The Divorce Act allows a party to request a modification to the judgment of divorce regarding the custody order as well as the child support. It is important to note that all other measures included in the divorce judgment cannot be modified.
When a first judgment is rendered in a case, it is possible to make a request to the court to obtain the modification of a judgment. For a judgment to be modified, there must be significant changes in the situation of the children or in the situation of the parents since the last judgment, which could justify the modification of the judgment.
Indeed, article 17 paragraph 5 of the Divorce Act indicates that: "Before issuing an order modifying the custody order, the court must ensure that there has been a change in resources, needs, or in general, in the situation of the child since the delivery of the judgment.”
For example, if a first judgment grants limited access rights to a parent because the child is very young (8 months), it will be possible for the parent to return to court to indicate that the situation of the child is different since the last judgment. If the request for modification is instituted too soon following the first judgment, the facts alleged in support of it must be important to obtain a modification.
Furthermore, a party can also request a modification to a child support order if there has been a change in their financial situation or in the financial situation of the other party.
As each case is different, it is important to consult a lawyer to explore the possibility of making such a request to the Court.
Gianina Fuschini, Attorney-at Law
Alepin Gauthier Avocats Inc.