When To Seek A Post-Judgment Modification

For anyone who is going through a divorce, they have an end goal in mind. When everything is finalized, then your new life will begin. However, things can still change after your divorce has been completed. 

That fact wasn’t supposed to add stress to your life or take away the thing you see as the finish line—just the opposite. Your ability to modify something after a judgment has been handed down should eliminate some of the pressure you may feel. If you walk away from court feeling dissatisfied, there are options available to you. The question becomes when to seek out a post-judgment modification and under what circumstances. 

Financial Matters

This covers both alimony and child support. In terms of paying, you may experience a sudden decrease in income for any number of reasons. A post-judgment modification may allow you to present your circumstances—or your inability to pay the previously determined amount—because of your new financial position. 

Other situations may call for a modification as well:

  • Getting remarried
  • Relocating 
  • Moving in with a new partner 

Talk to your attorney about these. She will be in the best position to explain how the law applies to your specific situation. If you are seeking a reduction in child support, you should strongly consider having legal representation. Your reason for not being able to pay your designated amount needs to be a strong one. 

Custody

If the parents cannot decide on a plan for child custody, a judge does so for them. You may disagree with the judgment that was rendered. That said, custody has the potential to be modified. For example, 50/50 may not be feasible because where both parents physically live, but that doesn’t mean one parent won’t move. 

When a noncustodial parent relocates to be closer to their child, they may seek a modification to the original child custody agreement. It is important to note that filing for a modification doesn’t guarantee you will receive one. That depends on a multitude of factors and your attorney’s ability to argue your position. 

Csépes Law Offices

When it comes to post-judgment modifications, the key is change. Changes in circumstances and financial positions may warrant modification. Laws evolve as well. If and when a law pertaining to divorce gets altered, it could directly impact you. 

If you have any further questions about post-divorce judgments and would like to speak with an attorney, contact Csépes Law Offices to schedule a consultation. We look forward to seeing how our experience can benefit you.

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