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690 Flatbush Avenue West Hartford, CT  06110-1308

860 236-9350             800 856-6400  toll free     860 523-9101  fax

27 Holmes Avenue Downtown Waterbury 203 756-6100


Divorce Judgment and Agreement Modification

    The entry of the divorce judgment may not end the divorce court proceedings between the parties.  Parties may return to family court for judgment modification (agreement modification) by filing divorce motions.  Parties often seek modification of child custody, modification of child support, and modification of alimony.


Disputes over Custody, Visitation and Child Support

    The law requires that family courts always be concerned with the best interests of minor children.  Because of this requirement, divorced parents can always return to court to seek modification orders regarding custody, visitation and child support if the change would be in the best interests of the children.

    As children grow, their needs may change.  Sometimes these needs may best be served by modification of child custody or modification of visitation orders.

    The parties' income may change over time  If the change is substantial and was not expected at the time of the divorce, the court may modify child support.

    Connecticut family courts may also modify orders regarding child support, child custody, visitation, and college paymentfor other reasons that serve the best interests of the children.


Moving Out-of-State with the Children

    A divorced parent with custody of the children may want to relocate out of state.  The other parent (referred to as the non-custodial parent) may object to the relocation because it would reduce his or her contact with the children.  Often, the divorce judgment requires that parties notify each other in advance before out of state relocation.  If the non-custodial parent challenges the move in court, the law requires that the custodial parent prove the following:


The relocation is for a legitimate purpose.


The proposed location is reasonable in light of such purpose.


The relocation is in the best interests of the children.

    The law also requires that the divorce court consider the following factors:


Each parent's reasons for seeking or opposing the relocation.


The quality of the relationships between the child and each parent.


The impact of the relocation on the quantity and the quality of the child's future contact with the non-relocating parent.


The degree to which the relocating parent's and the child's life may be enhanced economically, emotionally and educationally by the relocation.


The feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements.


Modification or Termination of Alimony.

    If the divorce judgment awarded weekly or other periodic alimony, and the judgment does not prohibit modification, either party may return to divorce court to modify the amount of alimony or to end it.  Terminating alimony is often appropriate if the party receiving it has remarried or is living with someone as if married.

    If no alimony was awarded at the time of the divorce, neither party can return to divorce court and ask for alimony.


Fraudulent Concealment of Assets or Income

    During a divorce, each party is required to disclose his or her complete financial situation to the other party.  Each party is also required to use his or her best efforts to discover the other party's financial situation.

    A party who discovers after the divorce that the other party hid assets or income may be able to return to divorce court and request that the judgment be opened for new financial orders that take into account the newly discovered information.  An attempt to open a judgment on the basis of fraud should be made as soon as possible.  It is very likely that a court will deny a motion to open a judgment if it is not filed within 4 months of the discovery of the fraud.

    Courts do not like to open judgments.  The party seeking the new orders will have to prove to the divorce court that he or she was prevented from discovering the hidden assets or income because the other party committed fraud    for example, lied under oath or secretly transferred assets in violation of the automatic orders.

    To open a judgment, there must be:


Clear proof of fraud or perjury (lying under oath or intentionally presenting a false sworn financial affidavit).


No unreasonable delay in seeking to open the judgment after the fraud was discovered.


A substantial likelihood that the result of a new trial would be different.


Proof that the party trying to open the judgment believed and relied upon the fraudulently misrepresented information.


When You Need a Connecticut Divorce Lawyer,

Rely on Us for Skill, Determination and Experience.



Attorney John Serrano - Personal Injury, Social Security Disability, Divorce, Bankruptcy, Immigration, Workers Compensation.  Hartford, Waterbury

Please note that our law firm's website is designed to provide only general legal information.

This information is not intended to be legal advice for your individual situation.

Call us for personal injury, Social Security, divorce, bankruptcy, immigration, workers compensation and criminal cases.

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