Common Reasons for Post-Judgment Modifications and How to Address Them

Post-judgment modifications are changes made to a judgement of divorce or custody order after it has been entered by the court. These modifications are often necessary due to changes in circumstances that affect the original terms of the agreement. Understanding common reasons for these modifications and how to address them can help respond to changing circumstances with the appropriate adjustments. Here’s a look at some of the frequent reasons for seeking post-judgment modifications and practical steps to address them.

1. Change in Income or Employment Status

A significant change in income or employment status can impact both spousal and child support arrangements. Common situations include:

• Job Loss or Salary Reduction: If you lose your job or experience a substantial decrease in salary, you may need to request a modification to adjust the support obligations contained in the original judgment of divorce or custody order
• New Employment: Conversely, a substantial increase in income due to your new job or promotion may lead to a request for an increase in the support obligations contained in the original judgment of divorce or custody order from the opposing party.

How to Address This:

• Document the Change: Provide evidence of your new income or employment status, such as pay stubs, employment letters, or unemployment documentation.
• File a Motion: Submit a motion to the court requesting a modification of the support terms contained in the original judgement of divorce or custody order. In such motion, be sure to explain the reason for the change and provide supporting documentation as outlined above. 

2. Relocation of a Parent

When a parent relocates, custody and parenting time arrangements can be impacted. This situation may arise due to job opportunities, family reasons, or other personal circumstances.

How to Address This:

• Notify the Other Parent: Provide advance notice of your intended relocation and discuss how it will impact the current custody and parenting time arrangement.
• Propose a New Plan: Develop a revised custody and parenting time plan that accommodates the new location and submit it to the court for approval.
• Ensure the Relocation Does Not Violate the Current Order: If you are the parent that enjoys primary custody, review your judgment of divorce or custody order to determine if you are allowed to relocate without the consent of your co-parent and/or approval of the court prior to the relocation. 

3. Changes in the Child’s Needs

As children grow, their needs evolve, which may necessitate adjustments to custody arrangements, parenting time, or child support. Examples include:

• Educational Changes: A child’s educational needs or enrollment in special programs might require changes to the parenting time schedule.
• Health Issues: A child’s health condition may necessitate adjustments in custody or support to address medical needs.

How to Address This:

• Assess the Impact: Evaluate how the changes in the child’s needs affect the current arrangements.
• File for Modification: Request a modification from the court to reflect the new needs of the child, providing any necessary documentation or evidence to support your request.

4. Significant Life Changes for Either Parent

Significant life changes such as remarriage, significant health issues, or changes in living conditions can also necessitate post-judgment modifications. 

How to Address This:

• Evaluate the Impact: Determine how these changes affect the terms of your current order, such as support or custody.
• Request a Modification: Submit a request for modification to the court, outlining the significant changes and their impact on the existing terms.

5. Non-Compliance with the Original Order

If one party is not complying with the terms of the judgement of divorce or custody order, it may be necessary to seek modifications to enforce compliance.

How to Address This:

• Document Non-Compliance: Keep records of any instances of non-compliance, such as missed payments or failure to adhere to parenting time schedules.
• File a Motion: File a motion with the court to address the non-compliance and seek appropriate modifications to enforce the terms.

Steps to Seek a Post-Judgment Modification

1. Review the Existing Order: Understand the terms of your current order and how the change will impact it.

2. Gather Evidence: Collect relevant documentation and evidence to support your request for modification.

3. File a Motion: Submit a motion to the court detailing the reasons for the requested modification and the supporting evidence.

4. Attend a Hearing: Attend a court hearing if required, where you will present your case for the modification.

Conclusion

Post-judgment modifications are a crucial aspect of family law as modifications allow adjustments to be made as circumstances change. Whether dealing with changes in income, relocation, evolving child needs, or non-compliance, addressing these issues through the proper legal channels ensures that arrangements remain fair and effective.

If you find yourself in need of modifying a post-judgment order, understanding these common reasons and steps can help you navigate the process smoothly. For further assistance, consider seeking support to ensure that your modification request is handled efficiently and in the best interest of all parties involved.