What is a Post-Judgment Modification?
When a couple finalizes their divorce, they generally breathe a well-deserved sigh of relief. Unfortunately, sometimes couples are not completely finished with all divorce matters forever. That being said, as your life changes, so may the terms of your divorce. If there is a dramatic shift in your life, your spouse’s life, or your child’s life, you should read on to learn more about obtaining a post-judgment modification. Here are some of the questions you may have:
What circumstances warrant a post-judgment modification?
Courts will generally only grant a post-judgment modification if one or all parties involved have had an unforeseen, significant and ongoing change in circumstances. Here are some instances that have warranted post-judgment modifications in the past:
- Your child’s schedule has changed due to sports, after-school activities, or other reasons
- Your child has reached adulthood and no longer legally requires child support
- Your child is of college age and tuition, as well as related expenses, need to be discussed
- You or your former spouse are now cohabitating with another person
- You or your former spouse have exposed your child to domestic violence, abuse, neglect, or anything else that may question your parental abilities
- You or your former spouse were promoted, demoted, or had another type of major financial shift
Which terms of my divorce can a post-judgment modification address?
Your post-judgment modification may address issues such as property distribution, spousal support, child support, child custody, and more. If you think you can come to an agreement with your former spouse on the new terms of your divorce, you may submit a consent order to the courts. If approved, you will legally change the terms of your divorce. Unfortunately, this is usually not the best option. When couples try to take matters into their own hands, they very often open themselves up to several potential legal pitfalls. Generally, the court will make you prove that a post-judgment modification is absolutely necessary. If you are unable to do so, then you will usually leave empty-handed. This is why it is always best to hire an experienced attorney who will ensure you have everything you need to prove your case for a post-judgment modification. You may be required to submit documents such as school records, police reports, tax returns, financial documents and more. Do not go it alone.
Contact our experienced New York firm
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.