After a divorce judgment has been entered, circumstances change and it may be appropriate for the terms contained in a divorce judgment to be modified. There are certain rules and protocols that must be followed to effectively accomplish a post-judgment modification. Most likely you must be able to demonstrate that there has been a material change in circumstances since the last order was made. We need to be able to convince the judge that something important has changed, there are new facts, and because of this, there must be new orders. Much of our work stems from pursuing or defending these post-judgment modifications on behalf of our clients.
For example, if you lose your job, or if your income decreases, it is likely necessary for you to file a Request for Order with the court to modify your child and/or spousal support payment obligations. It is vital that you file the Request for Order as soon as practicably possible, because the court only has the power to make new orders retroactive back to the date you filed. If you wait months to seek an order reducing your support obligation, you are still obligated to pay support based off your prior income.
Your children’s needs may change as they get older, warranting a modification of the parenting plan schedule that is outlined in your final judgment. We discuss all aspects of modifying a custody and visitation order with you, and strategize the best way to accomplish a parenting schedule that works for your children and you.
