What is a Post-Judgment Modification, and Why Do You Need One?

If you’ve been thinking about trying to change your custody arrangement, child support, or spousal support payments, you likely have many questions about the process itself and the possibility of actually receiving a post-judgment modification from the Courts.

The short answer is yes, if the grounds and evidence are necessary to constitute the modification; however, post-judgment modifications are complicated and can be tricky to obtain. The Court likes continuity and status quo, and whenever there is a petition to modify a previously issued final judgment, it breaks with that continuity set forth by the Court.

What to Know About Post-Judgment Modifications

In order for the Courts to approve a post-judgment modification, there has to be a substantial change in circumstances – something that is permanent, substantial and could not be seen at the time of judgment. Evidence is imperative as you prepare to request a change to child support, spousal support, or a parenting plan. Here are two things to know about post-judgment modifications:

1. You must have experienced an unanticipated but permanent change from the time when you reached your agreement to now – Examples include if your work schedule has significantly and permanently changed or if your ex has moved away and you’re now living farther from each other.
2. The agreement must be in writing and ratified by the court order. In order to make sure that you’re able to enforce any agreement that you reach with your ex, it has to be in writing and ratified by a court order. A verbal agreement is not enough, especially because your ex can always come back and change their mind and try to impose the prior agreement on you at the time.

If you’re a position where you’re considering a post-judgment modification, we know how difficult of a time this is for you, and we’re here for you. Don’t hesitate to get in touch with us anytime for help. Contact us today.