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Modification of a Court Order or Judgment Checklist

A checklist to modify an Order or Judgment.

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  1. Are you sure you want a modification?

    2. 1. Are you sure you want a modification?

    • Modification of a final order or judgment may become necessary as circumstances change.
      • Example: a child support order may be modified if a parent’s income or health insurance costs have changed or if other child care expenses have changed
    • One party may request a modification.
    • If both parties agree to the change, they can request a modification together.
    • Modifications are filed with the Probate and Family Court where the judgment/order was originally issued.
    Yes No

  2. Do you have all the needed information on your Joint Petition/Motion to Change a Judgment?

    3. 2. Do you have all the needed information on your Joint Petition/Motion to Change a Judgment?

    Yes No

    Client’s and Defendant’s information

    Whether either party or an affected child receives public assistance or owes a past-due child support debt

    Whether either party knows of a past or pending child welfare case affecting the parties or an affected child

    Whether either party has participated in domestic violence or harassment proceedings

    Date of judgment or order

    Modification desired:

    • Child Support?
    • Parenting Time?
    • Custody?
    • Alimony?
    • Health Insurance?
    • Life Insurance?
    • Property Division?

    Reasons for desired modification

    Notarized signatures of the parties

  3. Does your client understand Modifying a Judgment Unilaterally vs. Jointly?

    4. 3. Does your client understand Modifying a Judgment Unilaterally vs. Jointly?

    If only one party is seeking to modify a Judgment, file a Complaint for Modification.

    • Party filing the Complaint is the Plaintiff and the other party is the Defendant, regardless of who was the Plaintiff or Defendant in the original court proceeding.  (Use the same docket #)
    • State the circumstances that have changed in the complaint.
    • May need to file an Affidavit to give more detail about the change in circumstances.
    • Client must sign Affidavit.
    • Written in first person.

    Co-Motion

    • Co-Motion is only used in child support cases where DOR provides full services
    • A one-page form that combines a complaint for modification and motion for temporary orders for child or medical support
    • Requests modification of a child support or medical insurance judgment only.
    • Cannot use the Co-Motion to change custody or parenting time

    Modifying an Order or Judgment by Agreement or a Motion to Change a Judgment

    • If both parties agree on a substantive modification:
    • Review the information sheet online called Changing a Judgment or Temporary Order by Agreement General Information (CJD 903)
    • File a Joint Petition/Motion to Change a Judgment
    • Note: the court will generally not accept a joint petition to change a judgment on an issue such as removal.
    Yes No

  4. Is the Complaint for Modification complete?

    5. 4. Is the Complaint for Modification complete?

    This information needs to be on the Complaint for Modification.

    • Client’s information
    • Defendant’s information
    • Date of judgment and description of judgment
    • Explanation of the subsequent change in circumstances
    • Explanation of desired modification
    Yes No

  5. Modification by Agreement: Did you complete all the forms?

    6. 5. Modification by Agreement: Did you complete all the forms?

    • Joint Petition/Motion to Change a Judgment/Temporary Order
    • Signed, Notarized Agreement to Change a Judgment/Temporary Order
    • Proposed Judgment
    • Affidavit Disclosing Care and Custody Proceeding (if altering child custody or visitation)
    • Financial Statements (if altering any financial issues)
    • Child Support Guidelines Worksheet (if altering child support)
    • Written Assent from the Department of Revenue
      • Only if: child support or medical insurance is being modified and a party or dependent child receives public assistance or owes a past-due child support debt to the Commonwealth
    Yes No

  6. Filing a Co-Motion: did you follow these steps?

    7. 6. Filing a Co-Motion: did you follow these steps?

    • Pick up the form from the clerk’s office because form has the Registrar’s seal
    • Obtain a case printout from DOR
    • Make sure DOR clerk stamps the printout with “Full Service” stamp
    • File:
      • Co-Motion
      • Stamped DOR Printout
      • Financial Statement

    Service

    • Service may be made in hand or by first class mail on the party no later than 10 days prior to the date of the hearing or case management conference
    • Certificate of service must be filed with the Court on or before the date of the hearing or case management conference
    Yes No

  7. Do you have all the needed information on your Joint Petition/Motion to Change a Judgment?

    8. 7. Do you have all the needed information on your Joint Petition/Motion to Change a Judgment?

    • Client’s and Defendant’s information.
    • Whether either party or an affected child receives public assistance or owes a past-due child support debt.
    • Whether either party knows of a past or pending child welfare case affecting the parties or an affected child.
    • Whether either party has participated in domestic violence or harassment proceedings.
    • Date of judgment or order.
    • List the type of modification desired:
      • Child Support?
      • Parenting Time?
      • Custody?
      • Alimony?
      • Health Insurance?
      • Life Insurance?
      • Property Division?   
    • Reasons for desired modification.
    • Notarized signatures of the parties.
    Yes No