POST-JUDGMENT MODIFICATION

Modification Action:
If circumstances have significantly changed for you or the other party from the time of the original custody or support order, the order may be modified by filing a post-Judgment motion.  A support modification action may be appropriate under the following circumstances:

  • – You are earning less income.
  • – You lost your job.
  • – You are about to retire or have retired.
  • – The other party’s income has increased.
  • – The other party is cohabitating.
  • – Your timeshare with your child(ren) has gone up
  • – You have one or more new children, not including step-children.

Please be aware that a court order is required to modify support.  The court will not uphold a verbal agreement, exposing you to liability for back support as well as interest when your ex-spouse reneges on the verbal agreement.

A custody modification action may be appropriate for the following reasons:

  • – A child’s preference to modify the custody arrangement.
  • – A parent seeks to move away with the child(ren)
  • – A child is doing poorly, having emotional or substance abuse issues, due to actions by the other parent.
  • – A change in a parent’s availability to visit with the child(ren) due to work schedule change or moving closer to the other parent.

PRACTICE AREAS