- For Attorneys
When minor children are involved, the "final" decree is intended to be "final",
but often needs to be modified prior to the children reaching majority. The
terms that relate to the children can be modified if there is a "substantial
change in circumstances" that requires modification. The terms that can be
modified include, custody, terms of possession, child support and domicile
restrictions. To request a modification of child support up or down, the
change in the amount of support must be 20% or $100 per month.
Since such a modification is under the supervision of the court, discovery
may be instituted. Discovery pleadings generally consist of the following:
1. Requests for Production of Documents: These are written requests
served on the opposing
party’s attorney requesting that documents relevant to the case be
produced for inspection and
2. Requests for Admission: These are requests from one party to another
to admit facts that are
not in dispute so that the evidence produced at trial will basically include
matters that are in
dispute. Honest and complete responses can shorten the trial.
3. Depositions: These are statements of the parties or potential witnesses
taken under oath by a court reporter. Depositions are usually taken by a
private court reporter (i.e., one not employed by a court) in the office of
one of the lawyers. Depositions are used to pin down the testimony of
witnesses and to find out what witnesses are going to say at trial.