Amended divorce complaint AFTER filing answer


#1

Hi! My ex filed for divorce and I have answered (agreed to everything). 4 days after filing the answer, he filed an amended complaint stating he wanted full custody and child support. My lawyer asked the judge during the motion hearing if he could just review the file privately and give an answer to the motion. There was no “reason” for the amended complaint (he just changed his mind…really it’s another form of harassing me but that’s a different topic). I was SHOCKED today to hear that the judge is allowing the amended complaint to move forward.

I’m sort of angry with my attorney at this point because I’m not sure why he wouldn’t just remain in court and “fight” for the original complaint to proceed. Neither the ex or his attorney were present during what was supposed to be our court date. Can you advise if what the judge did was normal? and furthermore, do you think my lawyer should have done a better job that day? There are no reasons that the original complaint should be changed… I’m not unfit. We currently have joint custody and I have given the ex a 'deal" in the child support and did NOT ask for the full amount he could be required to pay. We have been separated 2 years. The complaint was filed in April.


#2

The judge likely allowed the amendment because doing so was not prejudicial to the other side. The reason being is that custody and child support can be filed at any time, regardless of divorce, and if the judge did not allow the Complaint to be amended, the Plaintiff could have filed a separate action any way. Beyond that, I can’t say without looking at all the facts in the case.