Is it time to file a Motion to Modify?

The divorce has been over for some time yet things have changed in your life or the situation you and your ex find yourself has altered. Is it time to modify that judgement?

In Maine when you file a Motion to Modify you have to be able to show there has been a "substantial change in circumstance" since the last order. Years ago a Judge explained to me that a change could be something as simple as time - a new year. Unfortunately it is not that easy and if you tried filing a Motion to Modify based on a change in year - you can expect to be laughed out of court.

So what does it mean to have a "substantial change in circumstance"?

Two things must be considered:

1. The circumstances of the child, or the parent and or guardian or any other party that may be affected by the order must have had a materially and substantially changed since the order was instituted.
2. The change and or appointment of a new guardian would have a positive impact and or improvement on the child.

In order to satisfy the test  more than just a slight change in circumstance has to have taken place. The change in circumstance must also directly or indirectly affect the welfare of the child. As an example - if the primary custodial parent were someone who has a history of substance abuse and mental illness but has been clean for several years and then suffered a relapse. This would be a "substantial change in circumstance" that would be required.

Do you feel there has been a change in circumstance in your situation that may warrant a change in the way custody is handled? The State of Maine provides some resources to help you file a Motion.

• What to do with the form 
• Motion to Modify - Form
• Acknowledgment of Receipt of Summons and Complaint or Post-Judgement Motion ( 2 ) copies needed.
• Child Support Affidavit - This must be filled out if Child Support is going to be an issue.

As Divorce and Custody Consultants with almost 10 years experience we can help you with filling out this form. We are not lawyers and cannot provide legal advice - but we can use our experience to help you file the most effective Motion possible. Please contact us at TheProseWay@outlook.com or MEProseWay@gmail.com for more information. Please find us on Facebook for up to date information.


Materially and Substantially Changed - legal definition:
There is no precise definition of this subjective term, but it is generally interpreted as a change which is significant and has a noticeable impact on the current situation. It is a change which is important in terms of value, degree, amount, or extent.