Post-Divorce Modifications: When and How to Seek Changes to Court Orders
Your final judgment of divorce covers a variety of issues, including child custody, child support, and alimony.
Months or years later, you may need to modify the terms and provisions within your final judgment of divorce or settlement. Maybe you lost your job or became disabled. Perhaps you remarried or need to relocate. Your ex may not be complying, and you need to enforce the agreement. Or maybe your child’s situation changed in some way.
In these situations, you may be able to request a post-judgment divorce modification by filing a motion. However, you need to follow the required processes. Here is a guide to what you need to know.
Consult an Attorney
It is advisable to consult with a family law attorney who can provide legal advice based on your specific situation. They can help you understand your rights and the likelihood of success for your modification request.
Understand the Grounds for Modification
Modifications are usually allowed if there has been a significant change in circumstances or if a party is not complying.. Common grounds include changes in income, job loss, relocation, remarriage, changes in the needs of a child, or changes in health.
Gather Documentation
Collect all necessary documentation to support your request for modification. This may include financial statements, employment records, medical records, or evidence of changes in your or your ex-spouse’s circumstances.
File a Motion
File a formal motion with the court. This motion should outline the changes you are requesting and the reasons for those changes.
Serve Your Ex-Spouse
You must legally serve your ex-spouse with the motion. This provides them with formal notice of the requested changes and the opportunity to respond.
Attend a Court Hearing
After serving your ex-spouse, the court will schedule a hearing. Both parties will have the opportunity to present their case. The judge will review the evidence and arguments and then decide.
Receive the Court’s Decision
The judge will issue a ruling. If the modification is granted, the judge will issue a new court order reflecting the changes. Get a copy of this new order and follow its terms.
Contact Our Cherry Hill Divorce Lawyer Today
Life is always changing. What happened during and right after your divorce may change over time. People lose their jobs, their health deteriorates, and financial issues arise.
Get the help you need from Fiore Law Group. I am a Cherry Hill divorce lawyer who has earned a reputation for tenacity and hard work. I will work with you to get the outcome you desire and deserve. Call 856-424-3658 to schedule an initial consultation.