QUESTION
Is there a difference between Motion to Modify a Spousal Support and a Motion to Change Spousal Support?
Asked on Jul 10th, 2014 on Divorce - Michigan
More details to this question:
Does a "change" mean revisiting the terms? Would one be at risk of losing their pre-existing spousal support under the "change" term?
10 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It's the same thing. Both changing and modifying means changing terms of the order, the amount, the duration or some other term.
Answered on Jul 11th, 2014 at 4:57 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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It means the same thing. The correct term is a Request for an Order to Modify Support. The support can be modified either way.... Meaning it could go up or go down. To stop support it would be called a Request for an Order to Terminate Support.
Answered on Jul 11th, 2014 at 4:38 PM
Bruce Provda
Modify and change are similar terms. It is what is asked for in the motion that is important, read the full motion.
Answered on Jul 11th, 2014 at 12:03 PM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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There is no difference. The usual legal term is modify. Change is a synonym for modify and it would be treated the same. Once you file a motion to modify alimony, the Court is able to make whatever modification it feels necessary based on the evidence presented?modifying the amount either up or down based on the change in circumstances. It is possible that the modification can be to reduce alimony to 0 if the circumstances warrant it.
Answered on Jul 11th, 2014 at 9:22 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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As far as I know, change and modify are the same. Under either of these motions, there is a possibility alimony or spousal support could be reduced or eliminated depending on the circumstances.
Answered on Jul 11th, 2014 at 8:50 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes and yes however any motion to modify requires the requesting party to prove a change of circumstances which would warrant a modification.
Answered on Jul 11th, 2014 at 8:38 AM
1 Award
No difference, but a motion to modify is the title of the pleading commonly filed when one is attempting to decrease or increase support.
Answered on Jul 11th, 2014 at 8:02 AM
I believe modify and change are interpreted by the Court as having the same meaning. When filing such a motion, the parties always have a risk of losing their pre-existing situation.
Answered on Jul 11th, 2014 at 7:57 AM
4 Awards
No difference, just semantics. Change/Modify mean essentially the same thing.
Answered on Jul 11th, 2014 at 7:56 AM
They are the same thing, either wording means that you are going to revisit the terms. This often happens when one spouse gets married or there is a drastic change in income.
Answered on Jul 11th, 2014 at 7:50 AM