Generally speaking, a Final Judgment of Divorce may be modified only when the person seeking modification can show that there a material change in circumstances arose after the judgment of divorce was granted.  The recent case of Lee v. Lee, decided by the Mississippi Court of Appeals May 12, 2009, emphasized that the material change in circumstances must occur after the judgment of divorce.  In Lee v. Lee, the husband found out before the divorce was granted that he was not the biological parent of one of the children born during the marriage but, in the divorce, he failed to bring that fact to light and even agreed to support both children. 

After the divorce was granted, the husband petitioned the court to relieve him of the obligation to support the child that he did not father, but the court refused because of Mr. Lee’s knowledge of the child’s paternity before the divorce was granted.  The lesson learned by Mr Lee, among others, was “Do Not Sit On Your Rights.”